NIADAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) These petitions were filed as appeals under S. 54 of the Land Acquisition Act. Since they were not accompanied by any certificate from the High court that they raised substantial questions of law which were fit to be decided by this court, the Registry of this court has sought direction as to whether they should be treated as appeals under the aforesaid S. or as special leave petitions under Article 136 of the Constitution of India.

(2.) S. 54 of the Land Acquisition Act is extracted below:

(3.) It is thus clear that an appeal under S. 54 of the Land Acquisition Act would lie to this court only on a certificate granted by the High court in terms provided in Order 45. Since, admittedly, the petitioner did not approach the High court as required by S. 54 of the Land Acquisition Act read with Order 45 of the Civil Procedure code, the matters cannot be registered under S. 54. The Registry is directed to register these appeals as special leave petitions under Article 136 and place them for preliminary hearing before a suitable bench.