Full Judgment Text
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PETITIONER:
KARNAL IMPROVEMENT TRUST
Vs.
RESPONDENT:
RAM PARKASH & ORS.
DATE OF JUDGMENT: 21/03/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
NANAVATI G.T. (J)
CITATION:
JT 1996 (4) 89 1996 SCALE (3)336
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Though the respondents have been served, no one is
appearing on behalf of the respondents.
Leave granted.
This 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.
In an 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.
Accordingly, 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.
The appeal is accordingly disposed of. No costs.