Appeal Under Section 54 Of Land Acquisition Act Not Maintainable Against Orders Of Executing Court: Tripura High Court
The Tripura High Court has observed that an appeal under Section 54 of the Land Acquisition Act, 1894 (LA Act) is not permissible against orders of the Executing Court, but only appeals against the judgment/awards are permissible.Justice Biswajit Palit was considering the appeal filed by the Union of India/appellant under Section 54 of LA Act. The appellant's name was impleaded during...
The Tripura High Court has observed that an appeal under Section 54 of the Land Acquisition Act, 1894 (LA Act) is not permissible against orders of the Executing Court, but only appeals against the judgment/awards are permissible.
Justice Biswajit Palit was considering the appeal filed by the Union of India/appellant under Section 54 of LA Act. The appellant's name was impleaded during execution stage in a Land Acquisition case by the Executing Court. In an appeal to the Tripura High Court, the Court had dismissed the petition of the appellant while stating that it was up to the appellant to file objections or show-cause as permissible in law before the Executing Court.
The appellant filed objections before the Executing Court. But by order dated 25.01.2024, the Executing Court disallowed the objection of the appellant. The appellant challenges this order of the executing court before the High Court.
The High Court noted that present appellant had appeared before the Executing Court and had sought time to pay the required amount which was allowed by the Executing Court. But the appellant then approached the High Court to delete its name from the execution proceedings without making any payment, which was also not allowed by the Court.
The High Court stated that under Section 54 of the LA Act, appeal can only be filed against a judgment/award and not against any particular order. Therefore, the appellant cannot challenge the order dated 25.01.2024 as it was not a judgment/award.
“Since the legislative mandate is very much clear that against the order of any execution proceeding, there is no scope to prefer any appeal so I do not find any scope to entertain the present appeal preferred by the appellant before the High Court invoking Section 54 of the L.A. Act” the Court stated.
The Court thus dismissed the appeal as not maintained under Section 54 of the L.A. Act.
Case title: The Union of India vs. Anil Plantation Private Limited & Anr., L.A. App. No.33 of 2024
Citation: 2024 LiveLaw (Trip) 6