JASARVINDER SINGH Vs. PRESIDENT, LAND ACQUISITION TRIBUNAL

JUDGEMENT

(1.) Feeling dissatisfied with the market rate fixed by the Division Bench of the Punjab and Haryana High Court in respect of their land acquired by Ludhiana Improvement Trust (for short, 'the Trust'), the appellants have filed these appeals.

(2.) The appellants' land was part of big chunk of land acquired by the Trust for implementing "100 Acres Development Scheme". Notification under Section 36 of the Punjab Town Improvement Act, 1922 (for short, 'the 1922 Act') was issued on 11.8.1972 and objections were invited against the scheme. The State Government accorded sanction vide Notification dated 18.9.1973 issued under Section 42 of the Act. The Land Acquisition Collector divided the acquired land into two Blocks, i.e. 'Block A' and 'Block B' and fixed market value of land comprised in 'Block A' at the rate of Rs.113 per biswansi (Rs.15 per sq. yard). For the land comprised in Block 'B', he fixed market value at the rate of Rs.75 per biswansi (Rs.10 per sq. yard).

(3.) The Land Acquisition Tribunal, Ludhiana (for short, 'the Tribunal') to which the Collector made reference under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') relied upon sale deed dated 24.12.1970 (Exhibit A-12) by which 400 sq. yards land was sold for a sum or Rs.11,600 and award Exhibit AA-1 passed in the case of N. S. Sodhi v. Land Acquisition Collector and determined the amount of compensation at the rate of Rs.39 per sq. yard for the land falling in 'Block A' and Rs.31 per sq. yard for the land falling in 'Block B'.