O.H. Mootham, C.J. - (1.) A piece of land belonging to the applicants was acquired by the Kanpur Improvement Trust as part of an improvement scheme, and by an award dated 21-3-1949, the Land Acquisition Officer awarded the applicants the sum of Rs. 5,818/12/-as compensation. This award was not accepted by the applicants, and at their request the matter was referred to the Kanpur Development Board Tribunal constituted under Section 108 of the Cawnpore Urban Area Development Act, 1945. That Tribunal by an order dated 8-11-1957, enhanced the award by Rs. 2,097.81. The applicants were however dissatisfied with this order and desired to appeal from the Tribunal's decision to this Court under Section 119 (1) of that Act.
(2.) Section 119 (1) reads thus: "119. (1) An appeal to the High Court shall lie from a decision of the Tribunal if- (a) the Chairman of the Tribunal grants a certificate that the case is a fit one for appeal or, (b) the High Court grants special leave to appeal, provided that the High Court shall not grant such special leave unless the Chairman of the Tribunal has refused to grant a certificate under Clause (a)". The applicants duly applied to the Chairman for the requisite certificate, but this was refused on 19-2-1958. They then made the application for special leave which is now before us.
(3.) We have heard learned counsel and we are satisfied that this is a fit case for the grant of special leave to appeal and leave is granted accordingly. The question however arises whether the appeal can now be entertained by this Court or whether it is beyond time.;