VIJAY KUMAR AND ORS Vs. STATE OF PUNJAB AND ORS
LAWS(P&H)-2012-12-265
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 05,2012

Vijay Kumar And Ors Appellant
VERSUS
State Of Punjab And Ors Respondents

JUDGEMENT

- (1.) Challenge in the present writ petition is to the Award rendered by the Land Acquisition Tribunal dated 26.2.2001 (Annexure P-8), assessing the amount of compensation on a reference sought by the petitioner under Section 18 of the Land Acquisition Act, 1894. The sole argument raised by the petitioners is that one of the Members of the Tribunal has not been associated in the proceedings of the Tribunal and in as much as he has not signed the impugned Award. Reliance is placed upon a judgment of Hon'ble Supreme Court in Karnal Improvement Trust, Karnal vs. Parkash Wanti (Dead), 1995 5 SCC 159.
(2.) It is argued that such Award is illegal and ineffective. The said argument is not controverted by learned counsel for the respondents.
(3.) Consequently, the present writ petition is allowed and the Award dated 26.2.2001 passed by the Land Acquisition Tribunal is set aside. The matter is remitted back to the Land Acquisition Tribunal to decide the same afresh in accordance with law. Parties to appear before the Land Acquisition Tribunal on 14.1.2013.;


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