HARI SHANKAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Land was acquired for the Ludhiana Improvement Trust, Ludhiana and notification under section 36 of the Punjab Town Improvement Act, 1922 was issued on March 18, 1962. The Land Acquisition Collector fixed the compensation payable to the petitioner at the rate of Rs. 30 per biswansi. Feeling dissatisfied with this award, he filed a reference which was disposed of by the President Land Acquisition Tribunal, vide its judgment dated October 9, 1969. The petitioner has challenged this award by filing the instant petition.

(2.) The Tribunal has found that the petitioner admittedly acquired 1 bigha 4 biswas 17 biswansis of land for Rs. 9,800/- on May 13, 1960 from one Manohar Dass and later on he sold 400 square yards out of this land for Rs. 5,000/- to one Modan Singh. This sale took place on May 18, 1960. In spite of coming to this finding, the Tribunal fixed the compensation payable to the petitioner at the rate of Rs. 18/- per biswansi. The petitioner claims that he should be given compensation at the rate of Rs. 10/- per square yard.

(3.) Now, Ludhiana is a prosperous and fast expanding industrial city. The acquired land had a great building potential, because the Trust itself acquired it for extension of built up area. There is unimpeachable evidence to show that out of this very land the landowner sold 400 square yards of land for a sum of Rs. 5,000/- on May 18, 1960, i.e. a little less than two years prior to the date of the acquisition. I can take juridical notice of the fact that the prices in this city were and are continuing to increase very rapidly. The learned Tribunal also impliedly admitted that the prices in this locality were increasing and yet after giving a finding that out of this very land, some of it was sold at the rate of Rs. 12.50 per square yard, fixed the compensation ludicrously to low market value i.e. at the rate of Rs. 18/- per biswansi. The judgment rendered by the learned Tribunal is therefore not only unjust, but contrary to the evidence led by the petitioner.