Case Note & Summary
The Supreme Court heard an appeal by special leave filed by the Karnal Improvement Trust against an order of the High Court of Punjab & Haryana in Civil Revision No. 1307 of 1993 dated December 14, 1993. The matter arose in the context of compensation determination for Phar land under the relevant statute, though the judgment does not name the specific Act. The earlier Supreme Court had remanded the self-same matter for determination of compensation. Pending that determination, the respondents filed an execution application for realization of a certain amount said to be due. The appellant-Trust filed an objection stating that it had deposited more than what was due to the respondents, and therefore the execution application deserved to be dismissed. The objection was overruled by the lower court, and the High Court confirmed the same in revision, leading to the present appeal by special leave. The core legal issue before the Supreme Court was whether execution proceedings could continue when the underlying award of the Tribunal had been set aside and declared non est. The appellant relied on an analogous situation in Karnal Improvement Trust, Karnal v. Smt. Parkash Wanti (Dead) & Anr., JT 1995 (5) SC 151, where the Supreme Court had set aside the very award of the Tribunal as illegal and non est because of lack of participation by other members. The respondents did not appear despite service. The Court noted that in the analogous case, the award had been set aside. Consequently, in law as on date, there was no award in existence. Therefore, the respondents could not execute the decree until an award was made afresh in accordance with law. The appellant had admittedly deposited the amount pending revision in the High Court, and in view of the award being 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 Supreme Court disposed of the appeal accordingly, with no order as to costs.
Headnote
A) Civil Procedure - Execution of Decree - Setting Aside of Award - Land Acquisition Tribunal Award - Execution of decree cannot proceed when the underlying award has been set aside and declared non est; the court held that since there was no award in existence, the respondents could not execute the decree until an award was made afresh in accordance with law, and any amount deposited by the appellant would be subject to the result in the fresh award to be made by the Tribunal under the Act.
Issue of Consideration
Whether execution proceedings can continue when the award passed by the Tribunal has been set aside and declared non est.
Final Decision
The appeal was disposed of. The Supreme Court held that in law there was no award in existence; therefore, respondents could not execute the decree until an award was made afresh in accordance with law. Any amount deposited by the appellant pending revision would be subject to the result in the award that could be made by the Tribunal under the Act. No costs.
Law Points
- Execution of a decree cannot proceed when the underlying award has been set aside
- No award exists in law after being declared non est
- Deposit made pending revision is subject to result of fresh award by Tribunal
- Where award is set aside parties must await fresh award before execution
