Ludhiana Improvement Trust vs President on 16 January, 2009

CWP No.5540 of 1990                                                          1

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

                                             CWP No.5540 of 1990
                                             Date of decision: 16.1.2009

Ludhiana Improvement Trust, Ludhiana

                                                                  ...Petitioner

                                   Versus

President, Land Acquisition Tribunal and others

                                                               ...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)

This petition has been filed by the Improvement Trust against

determination of compensation by the Land Acquisition Tribunal under the

provisions of the Punjab Town Improvement Act, 1922 (for short `the Act’).

In a writ petition arising out of the same acquisition, at the instance of land

owners, the compensation has been further enhanced in respect of certain

categories of land vide order of this Court dated 16.5.2006 in CWP No.

4890 of 1986 (Prem Gupta v. Improvement Trust and another).

In view of the above, no case is made out for interference at the

instance of Improvement Trust if the compensation has been awarded by the

Tribunal.

This petition is dismissed.

However, it is made clear that the land owners will not be

entitled to additional compensation under Section 23(1-A) in view of
CWP No.5540 of 1990 2

judgment of the Hon’ble Supreme Court in K.S.Paripooran v. State of

Kerala, AIR 1995 SC 1012.

                                      (ADARSH KUMAR GOEL)
                                          JUDGE


16.1.2009                             (JITENDRA CHAUHAN)
mk                                         JUDGE