Supreme Court · 1995 INSC 351 · Decided 9 May 1995

Karnal Improvement Trust, Karnal v. SMT. Parkash Wanti (Dead) and ANR.

Court
Supreme Court of India
Citation
1995 INSC 351 · [1995] SUPP. 1 S.C.R. 136
Case number
CIVIL APPEAL No. 4237/1995
Decided
9 May 1995
Bench
K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 141; Land Acquisition Act Section 18

Headnote

Punjab Improvement Trust Act 1922-S.60( 1)-Tribunal deciding land acquisition reference to consist of President and two assessors-President making awards in absence of assessors-Held, adjudication by three member C body mandatory; award made in disregard thereof void and inoperative. D E decisis, doctrine of-Appellant acquiescing in single member awards for number of years-Held, applying stare decisis will defeat statutory objective; Court will not shirk from overruling illegal decision. Constitution of India-Article 141-Punjab Improvement Trust Act 1922, S.60

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