R.V. Raveendran, J. - (1.) Leave granted. Heard.
(2.) The Appellant, for whose benefit certain lands (including the land of Respondents) at village Daulatpur, District Kanpur were acquired, filed an appeal before the Allahabad High Court challenging the judgment of the Reference Court which increased the compensation for the acquired land of Respondents from Rs. 10,250/- per bigha to Rs. 1,10,250/- per bigha. The said appeal has been dismissed summarily by a division bench of the Allahabad High Court, by the impugned non-speaking order dated 20.12.2005 upholding the award of Rs. 1,10,250/- per bigha as compensation. The High Court has stated that it was doing so, in exercise of the power under Order 41 Rule 11 of the Code of Civil Procedure (Code for short). The said order is challenged in this appeal by special leave.
(3.) The appeal in question was filed under Section 54 of the Land Acquisition Act, 1894 (for short LA Act) which provides that an appeal shall lie in any proceedings under that Act, to the High Court from the award of the Reference Court, subject to the provisions of the Code of Civil Procedure, applicable to appeals from original decrees. An appeal is a proceeding where a higher forum reconsiders the decision of a lower forum, on questions of fact and/or questions of law, with power to confirm, reverse, modify the decision or remand the matter to the lower forum for fresh decision. In Hari Shanker v. Rao Girdhari Lal Chowdhury AIR 1963 SC 698, this Court held: ...A right of appeal carries with it a right of rehearing on law as well as fact, unless the statute conferring the right of appeal limits the rehearing in some way as, we find, has been done is second appeals arising under the Code of Civil Procedure. ;