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PETITIONER: KARNAL IMPROVEMENT TRUST

       Vs.

RESPONDENT: RAM PARKASH & ORS.

DATE OF JUDGMENT:       21/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. NANAVATI G.T. (J)

CITATION:  JT 1996 (4)    89        1996 SCALE  (3)336

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Though the  respondents have  been served,  no  one  is appearing on behalf of the respondents.      Leave granted.      This appeal  by special  leave arises from the order of the High  Court of  Punjab & Haryana made in C.R. No.1307 of 1993 on  December 14,  1993. It  is not  necessary to dilate upon all  the material  facts Suffice  it to state that this Court on  an earlier  occasion had  remanded  the  self-same matter for  determination of  the compensation  of the  Phar land.  Pending  the  determination,  the  respondents  filed Execution Application for realization of certain amount said to be  due. The appellant-Trust filed objection stating that the appellant  had deposited  more than  what was due to the respondents, Therefore,  the execution  application deserves to  be  dismissed.  The  objection  was  over-ruled  and  on revision, the  High Court  confirmed  the  same.  Thus  this appeal by special leave.      In an  analogous situation  when the  very award of the Tribunal was  questioned by  the appellant,  this  Court  in Karnal Improvement  Trust,  Karnal  v.  Smt.  Parkash  Wanti [Dead]  &  Anr.[JT  1995  (5)  SC  151]    had  there  being participation by  the other members, is illegal and non est. Accordingly, it  was set  aside. Consequently,  in law as on date, there  is no  award  in  existence.  Resultantly,  the respondents cannot execute the decree until an award is made afresh in accordance  with law. The appellant admittedly had deposited the  amount pending revision in the High Court. In view of  the fact  that the  award-was set aside, any amount paid would be subject to the result in the award that could be made by the Tribunal under the Act.      The appeal is accordingly disposed of. No costs.