SECY OF STATE Vs. SYED ANWAR HUSAIN

JUDGEMENT

(1.) First Appeal No. 20 of 1933 has been heard and disposed of with this appeal as a common point is involved in both the appeals. Both the appeals are against the decisions of the Tribunal, Improvement Trust, Allahabad. In this appeal (No. 14 of 1933), house No. 8 situated in Chauk Allahabad was acquired by the Allahabad Improvement Trust in connexion with the Mirganj Open Area Scheme. The Land Acquisition Officer awarded Rs. 25,000 as compensation. On reference to the Tribunal it was raised by the Tribunal to Rs. 41,000. In the other case (First Appeal No. 20 of 1933) a house No. 72 in Mirganj was acquired for which the Land Acquisition Officer awarded Rs. 4,166 as compensation. It was raised to Rs. 7,000 by the Tribunal. During the course of the trial in both the cases one of the assessors, Mr. Ghazanfar-Ullah, was not present. In this case (Appeal No. 14 of 1933), Mr. Ghazanfar-Ullah was absent on 23 and 26 August 1932. On these dates the cross-examination of the plaintiff and five other witnesses of the plaintiff was recorded in his absence. Mr. Ghazanfar-Ullah heard the cross-examination of only one witness, Abdul Hafiz on 15 August 1932. In the other case (Appeal No. 20 of 1933) , Mr. Ghazanfar-Ullah was absent on 23 August 1932 when the evidence of two witnesses of the opposite party was recorded and arguments in the case were heard. Mr. Ghazanfar-Ullah did not hear the arguments in the case.

(2.) Under Section 53, United Provinces Town Improvement Trust Act (Act No. 8 of 1919) if any question or dispute arises between the Trust and any person as to the sufficiency of any compensation paid or proposed to be paid to him under Sections 26, 30, 32, 48 or Section 101, the matter shall be determined by the Tribunal, if referred to it either by the Trust or by the claimant within a period of three months from the date on which the said person was informed of the decision of the Trust fixing the amount of compensation to be paid to him or of the rejection of his claim to compensation by the Trust, and the determination of the Tribunal shall be final. Under Section 1, Clause (6) "tribunal" means a tribunal constituted under Section 59. Under Section 59 the Tribunal shall consist of a President and two assessors. Section 59, Clause (6) lays down: When any person ceases for any reason to be a member of the Tribunal, or when any member is temporarily absent in consequence of illness or any unavoidable cause, the authority which appointed him shall forthwith appoint a fit person to be a member in his place.

(3.) It would appear from this clause that even in case of temporary absence in consequence of illness or any unavoidable cause the place of a member of the Tribunal cannot be left vacant, but it is to be filled up forthwith by the authority which appointed him. It is only under Clause (b), Section 64 of the Act, that the presence of the assessors may be dispensed with by the President. Clause (b) lays down: Questions relating to the determination of the persons to whom compensation is payable, or the apportionment of compensation, may be tried and decided in the absence of the assessors i? the President of the Tribunal considers their presence unnecessary; and when so tried and decided, the decision of the President shall be deemed to be the decision of the Tribunal.