R.P. Misra, Sanjay Misra, JJ. - (1.) HEARD learned Counsel for the parties. The submission made by the learned Counsel for the appellant is that the Land Acquisition Officer granted the compensation at the rate of Rs. 10,250/ - per Bigha but the same was enhanced to Rs. 1,10,250/ - per bigha under reference. The enhancement is 11 times, therefore, the enhancement is bad.
(2.) WE are not satisfied by the submission made by the appellant, therefore the appeal is dismissed summarily. Then it has been submitted by him that it is the practice of this Court that the first appeals are not dismissed summarily. However, it is pertinent to mention here that it has been held by this Court in First Appeal No. 271 of 2005, that the first appeal can be dismissed under Order 41, Rule 11, C.P.C. The following relevant paragraphs are quoted below for convenience: - - Order 41, Rule 11, C.P.C. is a mandatory provision of the Code of Civil Procedure. No alleged convention or practice can be permitted to over -ride the statute. Accepting the appellant's submission would amount to holding that Order 41, Rule 11 does not apply to appeals filed under section 96, C.P.C. Order 41, Rule 11 introduced into the C.P.C. by the 1976 amendment, which mandates the Appellate Court to hear every appeal under Order 41, Rule 11 as expeditiously as possible preferably within 60 days of the filing of the memorandum of the appeal, clearly indicates that a serious duty has been cast upon the Appellate Court by Order 41, Rule 11, C.P.C. To ensure that frivolous merit less appeals do not remain pending for admission or be admitted to clutter the boards of the Courts and such appeals should amicus curie be dismissed at the threshold. The principle of law laid down by the Supreme Court in the case of T. Arivandandam (supra) with regard to frivolous litigation applies with equal, if not greater, force to the hearing of the appeal under Order 41, Rule 11, C.P.C. It is absolutely essential for every Appellate Court to carefully and thoroughly examine the appeal at that stage for finding out whether the appeal deserves admission or is frivolous and without merit. Therefore, we do not accept the first contention of the learned Counsel for the appellant. Under the provision of Land Acquisition Act, 1894, it has been provided that the first appeal shall lie to the High Court under the provisions of section 54 of the Land Acquisition Act, 1894, the same is quoted below for convenience: - - 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 notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid 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 XLV thereof.
(3.) WE have dismissed the appeal under Order 41, Rule 11 of C.P.C. which is quoted below: - - 11. Power to dismiss appeal without sending notice to Lower Court. - -(1) The Appellate Court after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day may dismiss the appeal. (2) If on the day fixed or any other day to which the hearing may be adjourned the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed. (3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the appeal is preferred. (4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub -rule (1), it shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in accordance with the judgment. From the aforesaid facts and circumstances of the case, it is made clear that the first appeal under Order 41, Rule 11 of C.P.C. can be dismissed summarily at the time of admission of appeal. In this view of the matter as held by us earlier the appeal has got no force and is dismissed summarily.;