77. 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 if payable, or the apportionment of compensation, 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 Small Causes of Calcutta as if it were a decree of that Court.[77A. Appeal. - (1) An appeal shall lie to the High Court from an award under this Chapter, in any of the following cases, namely]; -(a)where the decision is that of the President of the Tribunal sitting alone in pursuance clause (6) of section 77;(b)where the decision is that of the Tribunal, and -(i)the President of the Tribunal grants a certificate that the case is a fit one for appeal, or(ii)the High Court grants special leave to appeal:Provided that the High Court shall not grant such special leave unless the President of the Tribunal has refused to grant a certificate under sub-clause (i) and the amount in dispute is five thousand rupees or upwards.(2)An appeal under clause (6) of sub-section (1) shall only lie on (one or more of) the following grounds, namely : -(i)the decision being contrary to law or to some usage having the force of law;(ii)the decision having failed to determine some material issue of law or usage having the force of law;(iii)a substantial error or defect in the procedure provided by the said Act which may possibly have produced error or defect in the decision of the case upon the merits.(3)Subject to the provisions of sub-sections (1) and (2), the provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees shall so far as may be; apply to appeals under this section.(4)An appeal under this section shall be deemed to be an appeal under the Code of Civil Procedure, 1908, within the meaning of article 156 of the First Schedule to the Indian Limitation Act, 1908.(5)The Chief Judge of the Court of Small Causes of Calcutta shall, on application, execute any order passed by the High Court on appeal under this Act as if it were a decree made by himself.Abandonment of Acquisition.
