Law: Punjab Town Improvement Act, (IV of 1922)

Section: S. 59 (d) read with S. 66 (1) (iii) (b)

  Punjab Town Improvement Act (IV of 1922), S. 59 (d) read with S. 66 (1) (iii) (b)-Award of Tribunal "deemed to be final"-Tribunal, however, not appointed by Provincial Govern ment-Order of Court held not final.   Even if the provisions of section 59 of the Punjab Town Improvement Act, 1922 are applicable to the award of a Tribunal set up under section 66 of that Act the impugned order (of the Court, a Tribunal not having been appointed by the Provincial Government) could not be held to be final as an order mentioned in section 59 of that Act for the simple reason that the order was not of a Tribunal contemplated by section 66.   Land Acquisition Act (1 of 1894), S. 54 read with S. 66, Punjab Town Improvement Act (IV of 1922)-Land acquired for satellite town-Tribunal not appointed by Provincial Government Order of Court-Remedy against by appeal and not revision-Civil Procedure Code (V of 1908), S. 115.   Section 66 of the Punjab Town Improvement Act does not make the provisions of the Land Acquisition Act, 1894, inappli cable to acquisitions mentioned therein, as it is clearly mentioned in that section that the Land Acquisition Act, as modified by the Punjab Town Improvement Act, would apply to the acquisitions dealt with by it. The effect of the provisions contained in section 66 of the Punjab Town Improvement Act is that when an acquisition is made by the Provincial Government for setting up a satellite town, the Land Acquisition Act, 1894, shall be deemed to be amended to the extent mentioned in the Schedule to the Punjab Town Improvement Act, 1922 and if the Provincial Government sets up a Tribunal the function of the Court under the Act of 1894 will devolve on it. No provision in the Schedule amends section 54 of the Land Acquisition Act, 1894, and, therefore, it is obvious that the order of the District Judge could be questioned by an appeal in accordance with the provisions of section 54 of the Act of 1894. The provisions of section 115 of the Code of Civil Procedure, 1908 are to the effect that the High Court may exercise its power of revision with regard to orders against which no appeal lies to it and as (in the present)…