Sir George Lowndes—

These are two consolidated appeals from a decision of the High Court of Bengal arising out of certain land acquisition proceedings taken for the purposes of the Calcutta Improvement Act (Bengal Act 5 of 1911).

The property in question belonged to the Hindustan Co-operative Insurance Society, Ltd. (hereinafter referred to as the Society), and the questions sought to be raised by the appeals are as to the compensation to be awarded. Neither party was satisfied with the High Court's decision. The Secretary of State applied for a certificate enabling an appeal to His Majesty in Council. The Society objected that no appeal lay, but asked in effect that if a certificate were granted to the Secretary of State, a certificate should also be granted to them. The High Court granted certificates to both parties. The appeals were duly admitted and are before the Board for determination. The Society contend, as they did in the High Court, that no appeal is competent, and this question has been argued before their Lordships as a preliminary point. It is with it alone that this judgment is concerned.

By the Act above referred to, which their Lordships will call for convenience the