CWP No. 5577 of 1989 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 5577 of 1990
Date of decision: 16.1.2009
Ludhiana Improvement Trust, Ludhiana
...Petitioner
Versus
President, Land Acquisition Tribunal and another ...Respondents
CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present:Mr.Rupinder Khosla, Advocate
for Ludhiana Improvement Trust.
-.-
ADARSH KUMAR GOEL,J. (Oral)
1. This petition has been filed by the Improvement Trust against
the award dated 7.6.1987 passed by the Land Acquisition Tribunal under the
provisions of the Punjab Town Improvement Act, 1922 (for short `the Act’).
It is submitted that the date of award is 15.10.1986 which has been correctly
mentioned in the index while in the body of the petition, date is wrongly
mentioned as 7.6.1987.
2. As per averment in the petition, land of respondent No.2 was
acquired in pursuance of notification dated 8.8.1976 under Section 36 of the
Act. The Collector vide award dated 15.10.1986 determined compensation
ranging from Rs. 180/- per marla to Rs.676/- per marla. On reference, the
Tribunal awarded compensation ranging between Rs.17½ per square yard to
Rs.39/- per square yard. Solatium at the rate of 30% and interest at the rate
of 9% per annum for the first year and 15% thereafter was also awarded
apart from additional compensation under Section 23(1-A) of the Land
Acquisition Act, 1894.
3. We have heard the learned counsel for the petitioner.
CWP No. 5577 of 1989 2
4. In the impugned order annexed to the writ petition, the facts
mentioned do not tally with those mentioned in the writ petition. As per the
impugned order, acquisition was in pursuance of notification dated
23.4.1961 under Section 36 of the Act for acquiring 807 acres of land and
the Collector awarded compensation ranging from Rs.4/-per biswansi to
Rs.45/- per biswansi. The Tribunal vide award dated 10.10.1969 enhanced
the compensation against which C.W.P. No. 581 of 1970 was filed in this
Court and matter was remanded to the Tribunal vide order dated 5.5.1981.
Thereafter the Tribunal determined compensation at the rate of 8.00 per
squard yard for plotted area and Rs.4.00 square yard for low lying area.
5. There is no ground of challenge in the petition with regard to
the findings recorded by the Tribunal in the impugned order(Annexure P-1).
The petition appears to have been filed without looking at the impugned
order (Annexure P-1).
6. No case is, thus, made out for interference. The petition is
dismissed.
(ADARSH KUMAR GOEL)
JUDGE
16.1.2009 (JITENDRA CHAUHAN)
mk JUDGE