Satish Chander vs Improvement Trust on 12 February, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                           CHANDIGARH.


                                            C.W.P. No.4296 of 1987
                                          Date of decision: 12.2.2009

Satish Chander.
                                                        -----Petitioners
                                 Vs.
Improvement Trust, Jind and others.
                                                      -----Respondents


CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE JITENDRA CHAUHAN

Present:-   Mr. Harbhagwan Singh, Sr. Advocate with
            Mr. Amit K. Singh, Advocate
            for the petitioner.

            Mr. Raj Kumar Gupta, Advocate
            for respondent No.1.

            Ms. Palika Monga, AAG, Haryana.
                 -----

ORDER:

1. This petition seeks quashing of award dated 16.9.1985,

Annexure P-5 rendered by the Tribunal under the provisions of Punjab

Town Improvement Act, 1922 (for short, “the Act”). Claim is for higher

compensation.

2. Case of the petitioner is that his land was acquired for

Scheme No.19 prepared by the Improvement Trust, Jind under the

provisions of the Act. The measurement of the land was not correctly

made and compensation was determined by the Collector vide award
C.W.P. No.4296 of 1987

2

dated 31.3.1977, against which, the petitioner preferred a reference

before the Tribunal, which was decided on 16.9.1985. The land

acquired was 3236 ¾ square yards, but compensation was given only

for 1574 ¾ square yards.

3. This stand has been opposed by the Improvement Trust.

In its reply, it has stated that the petitioner has already sold a part of

the land before acquisition and thus, compensation was paid for the

land which was acquired.

4. Only prayer made at the time of hearing is that solatium

and interest have to be paid as per Amending Act, 68 of 1984,

amending the provisions of the Land Acquisition Act, 1894, which are

also applicable to acquisition under the provisions of the 1922 Act.

Reliance has been placed on judgment of the Hon’ble Supreme Court

in Nagpur Improvement Trust v. Vasantrao 2002(7) SCC 657.

5. We find merit in this submission. The petitioner is

certainly entitled to higher solatium and interest, the award of the

Tribunal being dated 16.9.1985 i.e. after the amendment.

6. Accordingly, the writ petition is partly allowed. The

petitioner will be entitled to solatium @ 30% and interest @ 9% per

annum for one year from the date of dispossession and 15% per

annum, thereafter.

6. The petition is disposed of accordingly.

                                         ( ADARSH KUMAR GOEL )
                                                  JUDGE


February 12, 2009                         ( JITENDRA CHAUHAN )
ashwani                                            JUDGE