BHAGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of C.W. P. Nos. 3822 to 3829 and 4000 of 1971. As they arise out of the same acquisition proceedings and a common award of the Tribunal.

(2.) Under Section 36 of the Punjab Town Improvement Act, 1922(hereinafter referred to as the Act) the Ludhiana Improvement Trust notified acquisition of land for Gill road development Scheme within the municipal limits of Ludhiana town. The Scheme was later on approved by the Punjab government (Local government) vide notification dated 6th December, 1967 under Section 42 of the Act. The total acquired area was approximately 200 acres. The Land Acquisition Collector, by award dated 14th Jan. 1969 allowed compensation at the following rates:- For land up to a depth of 12 Gathas from the road at the rate of Rs. 30/- per Biswansi. The rest of the land was categorised on the basis of agricultural use and compensation was allowed as follows:-- Chahi and land under the houses at the rate of Rs. 20/- per Biswansi; Rosli (Barani) and Bhudd land at the rate of Rs. 15/- per Biswansi; Banjar Qadim at half of Barani, i. e. at rate of Rs. 7.50 per Biswansi. Ghairmumkin land at the rate of Rs. 4/- per Biswansi. Feeling dissatisfied with the award of the Collector, the petitioners sought reference which came up for consideration before the land Acquisition Tribunal, created under the Act, who by order dated 26th June, 1971, upheld the valuation fixed by the Land Acquisition collector but allowed 15 per cent solatium and 6 per cent per annum interest in addition to he award of the collector. Still feeling aggrieved from the award of the Tribunal the claimants petitioner have come up in these writ petition under Articles 226 and 227 of the Constitution of India.

(3.) Most of the point argued before me by the counsel for the claimants are covered by a Division bench judgment of his Court in C.W. P. No. 2523 of 1970. Arjan Singh v. State of Punjab, decided on 13th July, 1976, against the petitioners and therefore, need not be discussed in detail in this judgment. In Arjan Singh's case (supra), the acquisition was for the same purpose, namely "Gill Road Development Scheme " but the award of the Tribunal which was impugned was dated 6th May, 1970, and, therefore, was a different decision of the Tribunal as compared to the present set of cases, which were decided by the Tribunal on 26th June, 1971.