High Court Punjab-Haryana High Court

Ludhiana Improvement Trust vs President on 16 January, 2009

Punjab-Haryana High Court
Ludhiana Improvement Trust vs President on 16 January, 2009
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