UNION OF INDIA Vs. SANICHARWA LAKRA

JUDGEMENT

(1.) Whether appeal under Clause 10 of the Letters Patent, from the decision of the learned Single Judge rendered in an appeal filed under Section 11 of the Requisitioning & Acquisition of Immovable Property Act, 1952, (hereinafter referred to as the Act) against an award of an arbitrator is maintainable, is the question which is required to be decided at the threshold in these appeals

(2.) In L.P.A. Nos. 330 & 331 of 1998 (R), which have been filed against the decision of the learned Single Judge in appeals filed under Section 11 of the Act against the award, the Registry has raised the preliminary objection about their maintainability under Clause 10 of the Letters Patent. We, therefore, heard the learned Counsel for the parties on the preliminary objection, and reserved the judgment.

(3.) During the course of argument on the preliminary question, the learned Counsel for the appellants have stated that there are two other L.P.A. Nos. 157/98 (R) and 311/98 (R) which have also been filed against the judgment of the learned Single Judge deciding the appeal filed under Section 11 of the Act against the award of the Arbitrator which have already been admitted. We, therefore, summoned the records of those two appeals also, from perusal of which it appeared that no objection regarding maintainability of those appeals was raised by the Registry, on account of which they were admitted without deciding the question of their maintainability. We, therefore, directed that L.P.A. Nos. 330/98 (R) and 331 /98 (R) be listed again along with L.P.A. Nos. 157/98 (R) and 311 / 98 (R) for hearing of the preliminary objection. Regarding maintainability. All these four cases were thereafter listed before us for hearing on the preliminary objection about their maintainability.