- The High Court of Allahabad held thatLARRA [Land Acquisition, Rehabilitation and Resettlement Authority] is not a civil court under Section 24(1)(a) of CPC, to be subordinate to the High Court.
- Thus High Court cannot transfer a case pending before LARRA to another court.
- LARRA is an authority that was established under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- The bench consisting of Justice J.J. Munir noted that LARRA is an authority and may be considered as a Tribunal subordinate to the High Court under Article 227 of the Indian Constitution but not under CPC.
- The court read as follows, “The LARRA, described under the Act of 2013 as an "Authority", may be regarded as a Tribunal subordinate to this Court for the purpose of superintendence under Article 227 of the Constitution, but not a Court subordinate to this Court under the Code,"
- The observation was made when a case related to Transfer Application was seeking transfer from LARRA to any other competent court within jurisdiction due to absence of presiding officer at the Pragyaraj LARRA.
- LARRA, one or more can be established by appropriate stae government by notification as per the land acquisition act enacted in 2013 which confines to state territories [Land Acquisition, Rehabilitation and Resettlement Act, 2013].
- LARRA is not an established civil court but only an adjudicating authority that is established under Section 51 of the 2013 Act.
- The court’s remarks is as follows, “"By no means, therefore, the LARRA is a Court subordinate to this Court within the meaning of Section 24(1)(a) of the Code of Civil Procedure, 1908.”
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