Prior approval under land acquisition law is only an administrative sanction, not power to reappraise evidence or fix compensation.

Prior approval under the proviso to Section 11(1) of the Land Acquisition Act is an administrative sanctioning power, not appellate or revisional jurisdiction. The Commissioner may examine the material only to decide whether to approve or disapprove the Collector's award, but cannot reappreciate evidence, substitute his own valuation, remand the matter, or direct refixation of compensation. The existence of a separate power under Section 15A supports the conclusion that such appellate control was not intended under the approval proviso. The judgment states the limits of the approving authority, while noting that the matter was referred to a larger Bench because of an earlier conflicting view.

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Issues: Whether the Commissioner, while granting prior approval under the proviso to Section 11(1) of the Land Acquisition Act, could reappreciate the material before the Collector, disagree with the Collector's valuation, and direct refixation of compensation.

Analysis: The inquiry under Section 11 was treated as quasi-judicial, but the proviso to Section 11(1) was construed as conferring only an administrative power of approval or disapproval. Approval was held to mean confirming, ratifying, assenting, sanctioning, or consenting to the proposed award, not exercising appellate jurisdiction. The Commissioner could examine the material to decide whether to accord approval, but could not substitute his own opinion for that of the Collector, remand the matter as an appellate authority, or issue directions on how the Collector should assess compensation. The existence of a separate power under Section 15A, vested in the appropriate Government, reinforced that appellate or revisional control was not intended to be exercised by the Commissioner under the approval proviso.

Conclusion: The Commissioner had no jurisdiction under the proviso to Section 11(1) to act as an appellate authority or to direct refixation of compensation on a reappraisal of the evidence.

Final Conclusion: The judgment declares the limits of the approving authority under the land acquisition scheme, but the matter was sent for consideration before a larger Bench because of an earlier conflicting view.

Ratio Decidendi: Prior approval under the proviso to Section 11(1) of the Land Acquisition Act is an administrative sanctioning power and does not confer appellate or revisional jurisdiction to reappreciate evidence or alter the Collector's determination of compensation.

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