STATE OF WEST BENGAL Vs. PROBODH CHANDRA DAS

JUDGEMENT

(1.) :-

(2.) It is against this order, two appeals have since been filed. One of the appeals was filed by the State Government and the other by the Requiring Authority. In these appeals, several applications for addition of part:- s have been made by various persons claiming to be the claimant under the award, in order to seek relief in the form of permission to withdraw the amount awarded in favour of such claimants without prejudice to the rights and contentions of the parties. The respective learned Counsel for the respective applicants submit before us and, in their usual fairness, admitted that their clients did not challenge the validity of the award on the ground of absence of prior approval of the appropriate Government in accordance with the first proviso to Sec. 11(1) of the 1894 Act. It is also pointed out that except Mr. Pan's clients (the writ petitioners), no one has challenged the award on this ground until date.

(3.) Be that as it may, none of the present applicants before us has challenged the award and having accepted the same, those parts of the award to which the applicants are interested could not be set aside in a proceeding where only some of the claimants (writ petitioners) being aggrieved have challenged the same and in which the other claimants including the applicants were not parties.