“the use of the word “final” in the statute only means that there would be no appeal”
28. Section 12(1) of the act reads as follows :
“12. Award of Collector when to be final.-(1) Such award shall be filed in the Collector’s office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionment of the compensation among the persons interested.”
29. The finality of the awards is, however, subject to review by the Reference Court under Section 18 read with Section 31(2) or Section 30 of the act. Except for the finality of these three factual matters, there is nothing in the act making the award final as regards its legality. Moreover, the use of the word “final” in the statute only means that there would be no appeal. The use of the expression “final” or “conclusive” in a statutory provision has been interpreted by Lord Denning, M.R. in R. vs. Medical Appeal Tribunal (1957) 1 QB 574, 583 in the following words :
“The word ‘final’ is not enough. That only means ‘without appeal’. It does not mean ‘without recourse to certiorari’. It makes the decision final on the facts, but not on the law. Notwithstanding that the decision is by a statute made ‘final’, certiorari can still issue for excess of jurisdiction or for error of law on the face of the record.”
Ref:M/s. Steel Authority of India Ltd. Versus S. U. T. N. I. Sangam and others AIR 2010 SC 112 : (2009) 12 SCR 929 : (2009) 16 SCC 1
