Under the Land Acquisition Act, 1894, any party aggrieved by the decision of a court in a land acquisition case may file an appeal in a higher court.
The Act Provides for Two Levels of Appeal
- First Appeal: Any party aggrieved by the decision of the court of first instance may file an appeal in the district court or the court of the district judge, depending on the value of the subject matter of the appeal. The first appeal must be filed within three months of the date of the decision of the court of first instance.
- Second Appeal: Any party aggrieved by the decision of the district court or the court of the district judge in the first appeal may file a second appeal in the High Court. The second appeal must be filed within three months of the date of the decision of the district court or the court of the district judge.
The appeals can be filed on questions of law or on the amount of compensation. The appellate court has the power to review the evidence presented in the lower court and may also admit new evidence if it is deemed necessary.
The decision of the appellate court is final and binding on all parties. However, if the decision of the appellate court is challenged on a question of law, it may be appealed to the Supreme Court of India.
Appeals provide a mechanism for parties to challenge the decision of the lower court and ensure that their rights are protected throughout the land acquisition process.