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State of West Bengal - Section

Section 76 in The Howrah Improvement Act, 1956

76. Award of Tribunal, how to be determined.

(1)For the purpose of determining the award to be made by the Tribunal under the Land Acquisition Act, 1894, -
(a)if there is any disagreement as to the measurement of land, or the amount of compensation or costs to be allowed, the opinion of the majority of the members of the Tribunal shall prevail;
(b)questions relating to the determination of the persons to whom compensation is payable or the apportionment of compensation or the investment of money deposited in respect of lands belonging to persons who have no power to alienate the lands may be tried and decided in the absence of the assessors if 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; and
(c)notwithstanding anything contained in the foregoing clauses, the decision on all questions of law and procedure shall rest solely with the President of the Tribunal.
(2)Every award of the Tribunal and every order made by the Tribunal for the payment of money shall be enforced by the Court of the District Judge of Howrah as if it were a decree of that Court.