9911796707
TMI Blog2008 (8) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... der shall dispose of all other connected writ petitions including those, which have been filed by the land owners for enhancement of compensation, which are also listed before us. Further, all these matters arise out of the same acquisition notification' issued under the Punjab Town Improvement Act, 1922 (for short 'the Act'). 2. Learned senior counsel for petitioner-Improvement Trust made the one and only submission that the tribunal which rendered this impugned award was not properly constituted according to the mandate of Section 60 of the Act as it consisted of the President alone and none else like assessors etc. Learned senior counsel based his submission on the ratio of a judgment of Hon'ble the Apex Court reported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cree of the Tribunal. Mandatory quorum for the constitution of a Tribunal is three and the award of the Tribunal is a decree of a Civil Court. President of the Tribunal is also a member and each one of them is liable to be removed on any of the grounds enumerated in the Act. More importantly, each member of the tribunal is to function independently. Mere fact that the President of the Tribunal will record evidence, in absence of assessors, or that he has power to preside over the Tribunal and compel presence of witnesses, or secure evidence, does not perforce minimise or undermine the composition of, as also the continuance and functions of assessors as the members of Tribunal. Temporary absence of a member including the President may entai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of difference of opinion, the opinion of each member is a judgment but the enforceable award and decree would be the view of the majority. Hon'ble the Apex Court has distinguished the ratio of judgment of Privy Council reported in AIR 1917 PC 142 (Montreal Street Railway Company v. Normandin), in the Karnal Improvement Trust case (supra). In Privy Council's judgment, it was held as: 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 or injustice to persons, who have no control over those entrusted with the duty, and at the same time, would not promote the main object of the Legisl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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