Judgment

GROVER, J:- This is an appeal from a judgment of a learned singls judge of the Calcutta High Court who granted a certificate under Art. 132 (1) of the constitution. If involves primarily the question whether the cession of a teritory by India as a result of a treaty with Pakistan would be compulsory acquisition of the property comprised in that territory by the Union of India and would there fore, attract the provisions of Art. 31 of our Constitution.

2. At the outset it may be mentioned with reference to a preliminary objection which has been raised by the respondents that judgment under appeal was delivered by the learned single judge in a petition under Art 226 of the Constitution and it appears that on an oral prayer made to him he granted a certificate under Art. 132 (1) even though under the Letters Patent of the High Court an appeal lay to a division bench of that court. This court has said on an earher occasion in clear and unequivocal terms that the practice of a Single Judge deciding the case and giving a certificate under Art. 132 (1) for appeal to this court although technically correct, was an improper practice. The right of the parties to file an appeal in the