LAWS(P&H)-2008-4-102

JALANDHAR IMPROVEMENT TRUST Vs. IMPROVEMENT TRUST TRIBUNAL

Decided On April 21, 2008
JALANDHAR IMPROVEMENT TRUST Appellant
V/S
IMPROVEMENT TRUST TRIBUNAL Respondents

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition Nos. 12708 to 12717 of 1999 as common question of law and fact are involved in these petitions. For the purposes of this order, facts are being taken from CWP No. 12708 of 1999. This petition is directed against order dated 11.9.1997 (Annexure P.1) passed by the Improvement Trust Tribunal, Jalandhar declining the re-determination of compensation under Section 28-A(3) of Land Acquisition Act, 1894. An application for re-determination of the award has been made by the petitioner Trust.

(2.) THE matter had earlier come up before a Division Bench of this Court and the same was dismissed vide order dated 1.4.2002 which reads thus :

(3.) A perusal of the record shows that the respondents have been served by publication and no one has put in appearance on behalf of respondent No. 2. It is, however, pertinent to notice that the Tribunal did not issue any notice to respondent No. 2 for deciding the legal question raised before it by the petitioner as is evident from the perusal of the impugned order dated 11.9.1997 (Annexure P.1)