GOVERDHAN DASS Vs. AMRITSAR IMPROVEMENT TRUST, AMRITSAR

JUDGEMENT

(1.) A scheme known as 'Bazar Bakarwana Area Development Scheme' was framed by the Amritsar Improvement Trust, Amritsar, under Section 3 of the Punjab Development of Damaged Area Act, 1951 (hereinafter called the Act). The scheme was sanctioned by the Punjab Government on 13th July, 1951. The possession of the area comprised in the scheme was delivered to the Amritsar Improvement Trust on 27th September, 1951, by the Settlement Tehsildar, Amritsar. The Collector awarded compensation to the various person whose property was affected by the scheme. As many as twenty objections were filed by various persons against the award of the Collector and they were referred to the Tribunal under Section 20 of the Act. Goverdhan Dass appellant is one of such objectors and since he was dissatisfied with the award of the Tribunal, he has filed this regular first appeal.

(2.) On behalf of the respondent, an objection has been taken that the appeal is incompetent since under the provisions of the Act the award of the Tribunal is final. Mangat Rai v. Jullundur Improvement Trust,1964 CurLJ 311, a Division Bench judgment of this Court has been cited in support of the objection.

(3.) After hearing the learned counsel on both sides, I am of the opinion that the objection raised is well founded. It is common ground that there is no provision in the Act for an appeal against the award of the Tribunal. Reliance, however, is placed on behalf of the appellant on sub-section (2) of Section 23 of the Act. In order to appreciate the contention, it is necessary to reproduce Section 23 -