Delegation pf powers from district magistrate to joint collector
narasimham v v
(Querist) 12 March 2013
This query is : Resolved
govt of india has appointed district magistrate as arbitrator to finalaise the arbitration petitios received from land loosers those who lost their land by aqusition for widningthe nh5.where as instead of district magistrate (district collector)has delegated his powers to joint collector to enquiry into the matter and put up his opnion to finalaise the matter.IS IT CORRECT TO DELEGATE POWERS WITH OUT ANY PRIOR CONCURRANCE OF THE GOVT .IS THE AWARD PASSED BY THE DISTRICT COOLECTOR IS VAILD CAN WE REPORT THE MATTER TO THE CHAIRMAN NHAI OR WE HAVE TO CHALLANGE THE ORDER IN THE COURT OF LAW WHAT IS THE PORPER ACTION TO TAKE.PLADVISE ME
Raj Kumar Makkad
(Expert) 12 March 2013
Delegation of the power is inherent for DM and you can challenge the order of DM before proper court of law if you have grouse on other grounds then on delegation of power.
Adv k . mahesh
(Expert) 12 March 2013
even award not passed you can challenge the order passed by the DM to District collector keeping the NHAI as a party
prabhakar singh
(Expert) 12 March 2013
But DM and DISTRICT COLLECTOR are common designation inter changeable Mr.K Mahesh.
If acquisition was made under land acquisition act, DM=DC could delegate it to any of his subordinate ADM=JDC.I see no illegality in it.One needs to see things more closely before advise.
Adv k . mahesh
(Expert) 12 March 2013
yes DM and District collector are common designation
but once government of india gave a notification or order to DM to assign his duties he cannot issue order directly to District Collector without issuing government order and without permission
for every government action there should be a order
