Statutory definition of Deputy Commissioner upheld, allowing an Assistant Commissioner to conduct land acquisition proceedings without separate authorisation.

An Assistant Commissioner in charge of a Sub-Division was held to fall within the statutory definition of "Deputy Commissioner" under section 3(c) of the Mysore Land Acquisition Act. Because the provision expressly included such an officer, no separate notification or special authorisation was required for the Assistant Commissioner to exercise the functions of a Deputy Commissioner in acquisition proceedings. The High Court had wrongly read an additional requirement into the text, so its quashing of the proceedings was unsustainable. The acquisition proceedings were restored and the appeals succeeded.

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Issues: Whether an Assistant Commissioner in charge of a Sub-Division falls within the expression "Deputy Commissioner" in Section 3(c) of the Mysore Land Acquisition Act for the purpose of conducting acquisition proceedings.

Analysis: Section 3(c) expressly included an Assistant Commissioner in charge of a Sub-Division within the definition of "Deputy Commissioner". On that construction, no separate notification or special authorisation was necessary for such an Assistant Commissioner to exercise the functions of a Deputy Commissioner. The contrary view adopted by the High Court read into the provision a requirement that was not present in its text.

Conclusion: The Assistant Commissioner was covered by the definition and could lawfully act in place of the Deputy Commissioner without separate empowerment, so the High Court's quashing of the acquisition proceedings was unsustainable in favour of the appellant.

Final Conclusion: The acquisition proceedings were restored and the appeals succeeded.

Ratio Decidendi: Where a statute expressly includes a particular officer within an office-holder's definition, that officer may exercise the statutory functions attached to the office without a separate notification or special authorisation unless the statute so requires.

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