REFERENCE UNDER ESTATES ABOLITION ACT Vs. STATE
HIGH COURT OF ANDHRA PRADESH
Click here to view full judgement.
Chandra Reddy, J. -
(1.) The reference is made by the Chairman, Estates Abolition Tribunal, on the question of the validity of the present practice of disbursing the advance compensation amounts and interim payments without waiting for the expiry of appeal time, except in cases where orders of stay are obtained by the parties either from this Court or from the Tribunal. It is stated in the letter of reference by the Chairman that a doubt has been raised in his mind with regard to the correctness of this procedure, having regard to the provisions of section 53 of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948).
(2.) Section 53 of the Act recites that
"all payments made out of the compensation deposited in the office of the Tribunal under section 41 shall be made by it in accordance with its orders and decisions, subject to the modifications if any made on appeal under section 51."
(3.) The question posed by the Chairman is whether, in view of the provision that payments should be made in accordance with its orders and decisions of the Tribunal, subject to the modifications, if any, made on appeal under section 51, the disbursement should not be postponed till the expiry of the appeal time or till the result of the appeal is known if an appeal is filed against the order or decision of the Tribunal.;
Copyright © Regent Computronics Pvt.Ltd.