SHARDA DEVI versus STATE OF BIHAR

Under Section 54 of the Land Acquisition Act, 1894, there is no bar to the maintainability of a Letters Patent Appeal against the judgment of a Single Judge of the High Court passed in an appeal. The non-obstante clause does not extend to the charter of the High Court. The word 'only' in Section 54 refers to the forum, not the number of appeals, and includes Letters Patent Appeals.

Parties: Appellant: Sharda Devi; Respondent: State of Bihar
Jurisdiction: India
Judgment Date: 13 March 2002
Procedural Posture: Civil Appeal / Reference to Three Judge Bench, Appeal Disposed
Outcome: Reference answered; appeal disposed; case to be placed before Division Bench.
Legal Topics: Maintainability of Letters Patent Appeal, Appeal Under Section 54 Land Acquisition Act

Land Acquisition Appellate Procedure Interpretation of Statutes Maintainability of Letters Patent Appeal Appeal Under Section 54 Land Acquisition Act

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Parties

Sharda Devi

Appellant

State of Bihar

Respondent

Procedural Posture

Civil Appeal / Reference to Three Judge Bench, Appeal Disposed

Legal Issues

1 Whether Letters Patent Appeal is maintainable against judgment and decree of Single Judge of High Court passed in appeal under Section 54 of the Land Acquisition Act, 1894

Ratio Decidendi

Court Disposition

Reference answered; appeal disposed; case to be placed before Division Bench.

Orders

Reference answered: Letters Patent Appeal is maintainable under Section 54 of the Land Acquisition Act, 1894.
Appeal disposed of.