1. As observed by the Calcutta High Court in Taylor v. The Collector of Purnea, I. L. R 14 C 423 the Collector is not competent to refer, and the
judge is not competent to decide, any question arising u/s 55 of the Act. The Act confers only a special and limited jurisdiction to the judge to deal
with two classes of questions, via, the award of compensation, and its apportionment among several claimants. When there is a difference of
opinion as to whether the whole house should be taken up by Government or not, the proper course for the party is to institute a regular suit.
2. We are of opinion that the view of the judge is correct.
3. The costs of this reference will be the costs of the cause.
