Holding

An appeal under Section 54 of the Land Acquisition Act lies to the Supreme Court only on a certificate granted by the High Court as prescribed in Order 45 of the Civil Procedure Code.

Summary

The petitioners filed appeals under Section 54 of the Land Acquisition Act without obtaining the mandatory certificate from the High Court. The Supreme Court Registry sought guidance on whether these petitions could be entertained as Section 54 appeals or should be treated as special leave petitions under Article 136 of the Constitution. The Court held that a Section 54 appeal to the Supreme Court is permissible only when the High Court issues a certificate in accordance with Order 45 of the Civil Procedure Code, confirming a substantial question of law. Since the petitioners did not approach the High Court as required, the petitions could not be registered as Section 54 appeals. Consequently, the Registry was directed to register the matters as special leave petitions under Article 136 and schedule them for a preliminary hearing.

Issues considered

Whether an appeal filed under Section 54 of the Land Acquisition Act without a High Court certificate can be entertained as a Section 54 appeal before the Supreme Court.

Legislation cited

Code of Civil Procedure, 1908s. 110
Constitution of Indias. Article 133, s. Article 136
Land Acquisition Act, 1894s. 54
Land Acquisition (Amendment) Act XIX, 1921

Subjects

Land Acquisition ActSection 54High Court certificateArticle 136Special leave petitionCivil Procedure CodeOrder 45Supreme Court jurisdiction

Judgment

NIADAR AND ORS. ETC. ETC.
A
V.
STATE OF fIARYANA AND ANR. ETC. ETC.

JANUARY 25, 1991

[RANGANATH MISRA, CJ, A.M. AHMADI AND B
R.M. SAHA1, JJ.]

Land Acquisition Act, 1894-Section 54-Appeal to Supreme
Court-When lies.

The appellant filed petitions as appeals under section 54 of the
Land Acquisition Act. As they were not accompanied by any certificate c
from the High Court, the Registry sought directions as to whether the
petitions should be treated as appeals under section 54 of the Land
Acquisition Act, or as special leave petitions under Article 136 of the
Constitution of India.
D
Disposing of the petitions, this Court,

HELD: 1. An appeal under section 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. [137H-138A] ·
E
._;, _ 2. In the present cases, as the i>etitioners did not approach the High
Court as required by Section 54 of the Land Acquisition Act read with
Order 45 of the Civil Procedure Code, the matters cannot be registered

- under Section 54. [138A]

3. The Registry is directed to register these appeals as special F
leave petitions under Article 136 and place them for preliminary hear-
ing before a suitable Bench. [138B]

CIVIL APPELLATE JURISDICTION: D. Nos. 3490, 3673,
3674, 3689-3699, 3700-3703, 4168 and 4169 of 1989.
G
Appeal under Section 54 of the Land Acquisition Act, 1894.

S.N. Bhatt for the Appellants.

The following Order of the. Court was delivered:
H

135
136 SUPREME COURT REPORTS [1991] 1 S.C.R.

These petitions were filed as appeals under Section 54 of the
A 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 section or as special leave petitions under
B Article 136 of the Constitution of India.

Section 54 of the Land Acquisition Act is extracted below:

"54. Appeals in proceedings before Court-Subject to the
. provisions of the Code of Civil Procedure, 1908 (5 of 1908), ~
applicable to appeals from original decrees, and notwith-
c standing anything to the contrary in any enactment for the · -
time being in force, an appeal shall only lie in atly proceed-
ings under this Act to tl~e High Court from the award, or
from any part of the ():Ward, of the Court and from any
decree of the High Court passed on such appeal as afore- -""r'
.D said an appeal shall lie to the Supreme Court subject to the
provisions contained in Section 110 of the Code of Civil
Procedure, 1908, and in Order XL V thereof."

It has stood in this form since 1921 except that the expression, 'His
Majesty in Council' was substituted, in 1950, with words 'the Supreme
E Court'. Prior to 1921, there was no right td appeal to the Privy
Council. The Section was amended by Section 3 of the Land Acquisi-
tion (Amendment) Act XIX of 1921 as it was held by the Privy Council
that in the absence of any provision in the Act no appeal against the
decree of the High Court under the Land Acquisition Act could be
entertained. But the amendment while permitting an appeal made it
F subject to the provisions of Section 110 and Order 45 of the Civil
Procedure Code. The substantive right of appeal conferred by Section
54 was thus circumscribed and it could only be entertained either if the
0

valuation of the subject matter was as specified or the qu estion of law
raised was substantial. In 1950, when the Supreme Court was set up
under the Constitution,· its original, constitutional, appellate and
G ,special jurisdictions were spelt out .in Articles 131 to 136. The appel-
late jurisdiction arising out of civil proceedings was provided by Arti-
cle 133. Originally it provided for an appeal as a matter of right if the
subject matter of dispute was not less than the specified amount or the
High Court certified it to be fit case for being decided by this Court. In
1973, the article was amended and the jurisdiction to entertain an
H appeal arising out of civil proceedings became confine_d to grant of
NIADAR v. STATE OF HARYANA 137'

certificate by the High Court that the case involved a substantial ques- A
tion of law and that in the opinion of the High Court the said question
needed to be decided by this Court. In keeping with this amendment
Section 110 of the Civil Procedure Code which provided for an appeal
on valuation of the subject matter to Supreme Court was omitted in
1976. Order 45 which provided for appeals to the Privy Council before B
1950 and to the Supreme Court thereafter was also amended in 1976.
Its Sub-rules 2 and 3 which are relevant are extracted below:

"(2). Application to Court whose decree complained of-
( 1) Whoever desire to appeal to the Supreme Court shall
. apply by petition to the Court whose decree is complained

- of. C

(2) Every petition under sub-rule (1) shall be heard '
as expeditiously as possible and endeavour shall be made to
conclude the disposal of the petition within sixty days from
the date on which the petition is presented to the Court D
under sub-rule (1).

(3) Certificate as to value or fitness.-(1) Every pet-
ition shall state the grounds of appeal and pray for a
certificate-
E
(i) that the case involves as substantial question of
law of general importance, and

(ii) that in the opinion of the Court the said question
needs t<Jbe decided by the Supreme Court.
F
(2) Upon receipt of such petition, the Court shall

---
direct notice to be served on the ~osite party to show
cause why the said certific;_ate should not be granted."
. _....----·

The'se rules require a person desiring to approach this Court to move
first the High Court by a petition, from whose decree, appeal is
G
sought, stating the substantial question o( law which needs to be
decided by this Court. The Court thereafter is required to certify if the
-{ requirements of sub-clauses (i) and (ii) of SubcRule (1) of Rule 3 of
Order 45 were satisfied.

It is, thus clear that an appeal under section. 54 of the Land H
138 SUPREME COURT REPORTS [1991] 1 S.C.R.

A Acquisition Act would lie to this Court only on a certificate granted by
the High Court in terms provided in Order 45. Since, admi~tedly, the
petitioners did not approach the High Court as reqmred by Section 54
of the Land Acquisition Act read with Order 45 of the Civil Procedure
Code, the matters cannot be registered under Section 54. 'fhe Registry
is directed to register these appeals,,as special leave petitions under
B
Article 136 and place them for preliminary hearing before a suitable
Bench.

V.P.R. Ordered accordingly.

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