Report No. 176

2.8.2 Orders under section 11:

Whether administrative in nature: The question whether orders under Sec. 11 of the Act passed by the Chief Justice of India or of the Chief Justice of the High Courts or their nominees are administrative or not has come up before the Supreme Court in the Konkan Railway case no. 1 (AIR 2000, SCW 2960 = 2000 (7) SCC 201).

The three Judge Bench held that the orders are administrative in nature. In the Konkan Railway case No. II AIR 2000 SCW 3908 2000 (8) SCC 159, the question whether preliminary issues can be decided at the stage of Sec. 11 was referred for decision to a larger Bench. When that case came before a Constitution Bench (2001(4) SCALE 225), the five Judge Bench recorded the contentions of counsel on both sides that orders under Sec. 11 are administrative in nature.

The court, however, issued notice to the learned Attorney General on the question whether preliminary issues raised by the parties could be decided at that stage on the administrative side. Therefore, the position of law now is clear that orders passed by the Chief Justice of India or his nominee or of the Chief Justice of the High Court or his nominee under section 11 are administrative orders.