High Court said: Land Acquisition, Rehabilitation and Resettlement Authority is not a civil court A to Z Counsel

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The Allahabad High Court held that there is a Land Acquisition, Rehabilitation and Resettlement Authority (LARRA). It is not a civil court under section 24(a) of the Code of Civil Procedure (CPC). Therefore, the High Court cannot order the transfer of the application pending in the authority. Justice JJ Munir has given this order rejecting the application of Ghazala Begum of Prayagraj. The Court raised questions on the maintainability of the transfer application.

It is an authority set up by the appropriate government under section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It may be treated as a Tribunal subordinate to this Court for the purpose of superintendence under Article 227 of the Constitution but not a Court subordinate to the High Court under the CPC.

In the matter, the petitioner had sought transfer of a matter pending in the Authority to another court of competent jurisdiction. Because, there is no Presiding Officer here. The court said that the authorization has been done under the law of Act-2013 through the notification issued by the government. Which works in relation to land acquisition. It is not sub judice before this Court under Section (24)(1A) of CPC 1908. Therefore, the court cannot transfer the pending cases of the authority to any other competent authority for hearing.