JUGAL KISHORE Vs. IMPROVEMENT TRUST

JUDGEMENT

(1.) IMPROVEMENT Trust, Bhatinda acquired some land. There was some dispute between the land-owners which was referred to the Tribunal constituted under the Punjab Town Improvement Trust Act for decison (District Judge, Bhatinda ). As is apparent from the order passed by Tribunal such a reference was made under Section 30 of the Lard Acquisition Act. The Tribunal disposed of the matter vide order dated October, 3, 1989. Some of the land-owners Jugal Kishore and others preferred Regular First Appeal against the said judgment. Registry, took up an objection that the Regular First Appeal was not maintainable against the order of the Tribunal. However, counsel for the appellants insisted that appeal was not maintainable. That is bow the matter has been put up before the Court.

(2.) SECTION 59 of the Punjab Town Improvement Act reads as under: -. "section 59 ; For the purpose of acquiring land under the Land Acquisition Act, 1894 for the trust; (a) the tribunal shall (except for the purposes of Section 54 of the said Act) be deemed to be the Court, and the president of the Tribunal shall be deemed to be the Judge, under the said Act, (b) the said Act shall be subject to the further modification indicated in the Schedule to this Act; (c) the president of the tribunal shall have power to summon and enforce the attendance of witnesses, and to compel the production of documents, by the same means and (so far as may be) in the same manner as is provided in the case of Civil Court under the Code of Civil Procedure, 1908; and (d) the award of a tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894, and shall be final. "

(3.) SUB-CLAUSE (d) of Section 59 of the Act aforesaid makes it clear that the award of the Tribunal shall be deemed to be an award of the Court under the Land Acquisition Act and shall be final. There is no other provision of the Punjab Town Improvement Act providing appeal or revision against the award of the Tribunal to the High Court.