LAWS(P&H)-1993-10-53

HISSAR IMPROVEMENT TRUST Vs. PRESIDENT TRIBUNAL IMPROVEMENT TRUST

Decided On October 20, 1993
HISSAR IMPROVEMENT TRUST THROUGH ITS CHAIRMAN Appellant
V/S
PRESIDENT TRIBUNAL IMPROVEMENT TRUST Respondents

JUDGEMENT

(1.) ONE of the questions involved in this appeal is as to whether the Improvement Trust has the locus standi to file a writ petition challenging the award of the tribunal given under the Punjab Improvement Trusts Act, and further as to whether the Improvement Trust is competent to file a Letters Patent Appeal. The decision of this question depends upon the interpretation of the words "person interested", used in Section 18 (1) of the Land Acquisition Act, 1894 which reads as follows:

(2.) ON 10th of September, 1990, a Division Bench of this Court was of the opinion that since the matter was of importance and is arising in many cases and is likely to arise in future also, it was thought fit by the Bench that this question be decided by a Full Bench. The Bench directed that the Full Bench be constituted and the case be heard by the said Full Bench.

(3.) THE Full Bench of three Judges was constituted. The Full Bench of three Judges by its order dated November 28, 1990, referred the matter to a Larger Bench of five Judges. The order passed by the Full Bench of three Judges was as follows: