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TMI Blog1995 (5) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... reference under s.18 of the Land Acquisition Act to the Tribunal constituted in that behalf under the Act. The President of Tribunal in his awards dated November 18, 1988 etc., enhanced the compensation in some case to ₹ 1396 per sq. yd. and in some other case to ₹ 450 per sq.yd. etc. Dissatisfied therewith, the appellant as well as the respondents filed writ petitions under Article 226 and the High Court. The single Judge as also the Division Bench, granted compensation at the rate of ₹ 1396 uniformly to all the claimants. Thus these appeal. Shri Verma, learned counsel appearing for the Trust, raised five- fold contentions. The main thrust is the validity of the award made by the President of the Tribunal. Besides, he also challenged the correctness of the amendment of the writ petition claimed enhanced compensation al-lowed by the High Court; omission to deduct developmental charges; taking irrelevant sale deeds into consideration; omission to consider two relevant sale deeds; and lastly the errors in calculation of the compensation. The counsel for the respondents and some of the parties in-person resisted the contentions of the appellants. We have heard bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of the High Court of Punjab Haryana. The amendment in this behalf made by the Legislature of Haryana enlarges and includes person who held the office of a Collector for a period of 10 years or has served as a District Magistrate. Under sub- s.(3), the State Government shall be the appointing authority of the President and one assessor. The Municipal Committee concerned shall appoint within two months of their being required by the State Government to make such appointment and on its committing default, the State Government shall appoint the second assessor. The terms of office of each member of the Tribunal shall be of two years subject to re-appointment. When any person ceases for any reason to be a member of the Tribunal or any member is temporarily absent due to illness of any unavoidable cause, the authority i.e, the State Government or Municipal Committee, as the case may, shall forthwith appoint a fit person to be a member in his place; with the same rider for default in appointment by the Municipal Committee on expiry of two months thereafter, the State Government would appoint such a member. Under s.61 each member of the Tribunal shall be entitled to remuneration eithe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udge of the Court. Being a judicial member, undoubtedly, he has been conferred with power to preside over the Tribunal, summon the witnesses secure the evidence and decide on questions of law and title and procedure. If he considers necessary he may also do so in association with other members. Even in matters of procedure to a limited extent, namely, in summoning the witnesses who would be competent or necessary or material witnesses to unfold the measurement of the land or the value thereof, the views of the assessor-members may be relevant, germane and sometimes necessary, as being local persons. It is true that no qualifications have been prescribed for appointment of a assessor, while qualifications for the member-president stood prescribed. The reason appears to be that the assessor being a local member, obviously, having had personal knowledge of the local conditions of the land and its prevailing value, the legislature appears to have intended that opinion of men of common experience, perhaps, would be more appropriate to determine compensation. That would not elevate the position of the President to be pivotal and relegate the assessors to be adjunct or ancillary to the Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sole member Tribunal. When the Tribunal consists of three members, the opinion has to be of the composite body, and not of the sole President. The power vested in the President to decide questions of law and title and procedure does not undermine the position of assessor members of the Tribunal and other matters. The President need not necessarily be a local man. He may be a judicial office drafted from the service of the respective State; and the assessors, by implication, may be only local men having acquaintance with the prevailing prices of the land. The President must be necessity be either judicial trained or administratively experienced person. When the Tribunal determines compensation or dispute as the extent of the land acquired or of the quality of the land under acquisition, the decision is that of the Tribunal. In case of difference of opinion, the majority view would be the executable decree. In other words, it indicates that it is a three-member statutory body and does not consist of the presiding Judge only. He is left with no option but has to associate the other member in determining the compensation of the acquired land for the trust or its nature or extent. Any o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reof, he placed reliance on Montreal Street Railway Company v. Normandin, AIR (1917) Privy Council 142 and 147. It was held therein that: When the provisions of a statute relate to the performance of a public duty and the case is such, that to hold null and void, acts done in neglect of this duty would work serious general inconvenience for injustice to persons, who have no control over those entrusted with the duty, and at the same tune, would not promote the main object of the Legislature, such provisions are to be held to be directory only, the neglect of them though punishable not affecting the validity of the acts done. In the said case, the list of the jury was to be revived from time to time. Without revising the list, the old jury continued four years in neglect to the duty to revise the list of jury by the Sharief. The question then arose whether the adjudication by such a jury was valid in law? In the light of the facts, the Judicial Committee of the Privy Council held that it was a directory. There is distinction between ministerial acts and statutory or quasi- judicial functions under the statute. When the statute requires that some- thing should be done or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that is an inescapable consequence. In the light of the aforesaid discussion, it must be held that the adjudication by the three-member Tribunal is imperative and mandatory. Determination of the compensation in disregard thereof renders the adjudication void, invalid and in operative. It is contended by learned senior counsel Shri Sehgal appearing for some other respondents that Sohan Lal's ratio held the field for more than 14 years, based thereon several award came to be made by the President of the Tribunals under the Act and therefore, the doctrine of stare decisis should be applied and Sohan Lal decision be upheld. Shri Sehgal further contended that awards have been made for years by a single member without any demur and the appellant acquiesced to it. The parties have worked out their rights on the basis of the awards thus made. Any declaration of its invalidating would cause great inconvenience, unsettling the settled rights. The Act is a local legislation. The High Court had interpreted the Act so as to avoid inconvenience to the claimants. In support thereof, he placed strong reliance in Raj Narain Pandey v. Sant Prasad Tiwari, [1973] 2 SCC 35 (para 10), and Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow it. The decisions are recent ones. They have not been acquiesced in. They have not created a rule of property around which vested interests have clustered. They affect solely matters of a transitory nature. On the other hand, they affect seriously the lives of men, Women and children, and the general welfare . Stare decisis is ordinarily a wise rule of action. But it is not a universal and inexorable command. In Mark Graves v. People of the State of New York, 306 U.S. 466, (- 83 L.Ed. 927) Frank further, J. observed Judicial exigencies is unavoidable with reference to an Act like our Constitution, drawn in many particulars with proposed vagueness so as to leave room for the unfolding future. In The Bengal Immunity Co. Ltd. v. State of Bihar and others, [1955] 2 SCR 603, a Bench of 7 Judges of this Court held that non-interference may result in an erroneous interpretation of the Constitution being perpetuated or may, if unrectified, cause great detriment to public well being. Accordingly, this Court overruled the previous decision. The Court bows to the lessons of experience and the force of better reasoning recognising that the process of trial and error so fruitful in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e inexpedient to lay down any principles which should govern the approach of the Court in dealing with the question of review and revising its earlier decisions. It would always depend upon several relevant considerations: what is the nature of the infirmity or error on which a plea for a review and revision of the earlier view it based? On the earlier occasion, did some patent aspects of the question remain un- noticed, or was the attention of the Court not drawn to any relevant and material statutory provision, or was any previous decision of the Court bearing on the point not noticed? Is the Court hearing such plea fairly unanimous that there is such an error in the earlier view? What would be the impact of the error on the general administration of law or on public good? Has the earlier decision been followed on subsequent occasions either by this Court or by the High Courts? And, would the reversal of the earlier decision lead to public inconvenience, hardship or mischief? These and other relevant considerations must be carefully borne in mind whenever this Court is called upon to exercise its jurisdiction to review and revise its earlier decisions. These considerations be-com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overruling the decision or series of decision which establish a ratio plainly outside the statute or in negation of the object resulting in defeating the purpose of the statute or when the Court is convinced that the view is clearly erroneous or illegal. Perpetration of such an illegal decision would result in grievous wrong. When the decision touches upon the jurisdiction of the Court or the Tribunal, it is but the duty of the appellate court to consider the correctness thereof and lay down the correct law. When two views are reasonably possible, the alternative view which is consistent with justice and equity, and if no irremedial would ensure thereunder, the earlier view may be accepted in the interest of public or for any other valid and compulsive reasons. If it touches the jurisdiction or question of law of great public importance or involves interpretation of the statute, the erroneous interpretation would not be a ground for the court to shirk its responsibility to reconsider the interpretation and lay down the correct principle of law. In that behalf, the doctrine of stare decisis becomes inapplicable. Interpretation of the special statue of local character, it if is consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect from the date it was rendered. In other words, the ratio would not be applicable to the pending cases in the courts below or this Court and be given effect from the date of the judgment. In that view, it must be held that since the award of the Tribunal is of the President of the Tribunal and not of that Tribunal, the consequence is that the award and decree are void. Therefore, it cannot be given effect. Since, we are interpreting law, we declare that any award made from this date by the member-President of the Tribunal only shall be void and it does not have the effect of unsettling the single member awards made and becoming final. It is not in dispute that is some cases, this Court remitted them for decision afresh by the Tribunal and we are informed, they are still pending decision. Since these are all old cases, State Government of Haryana is directed to constitute the tribunal as provided in the Act if not already done and the Tribunal will consider, decide and dispose of all the claims within a period of not more than six months from the date of the constitution. May it be stated before closing that an effort was made by the respondents appearing in person (Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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