Improvement Trust Vs. Ram Parkash & Ors  INSC 432 (21 March 1996)
K.Ramaswamy, K.Nanavati G.T. (J)
JT 1996 (4) 89 1996 SCALE (3)336
O R D
the respondents have been served, no one is appearing on behalf of the
appeal by special leave arises from the order of the High Court of Punjab &
Haryana made in C.R. No.1307 of 1993 on December 14, 1993. It is not necessary to dilate upon
all the material facts Suffice it to state that this Court on an earlier
occasion had remanded the self-same matter for determination of the
compensation of the Phar land. Pending the determination, the respondents filed
Execution Application for realization of certain amount said to be due. The
appellant-Trust filed objection stating that the appellant had deposited more
than what was due to the respondents, Therefore, the execution application
deserves to be dismissed. The objection was over-ruled and on revision, the
High Court confirmed the same. Thus this appeal by special leave.
analogous situation when the very award of the Tribunal was questioned by the
appellant, this Court in Karnal Improvement Trust, Karnal v. Smt. Parkash Wanti
[Dead] & Anr.[JT 1995 (5) SC 151] had there being participation by the
other members, is illegal and non est.
it was set aside. Consequently, in law as on date, there is no award in
existence. Resultantly, the respondents cannot execute the decree until an
award is made afresh in accordance with law. The appellant admittedly had
deposited the amount pending revision in the High Court. In view of the fact
that the award-was set aside, any amount paid would be subject to the result in
the award that could be made by the Tribunal under the Act.
appeal is accordingly disposed of. No costs.