LUDHIANA IMPROVEMENT TRUSTLUDHIANA Vs. NIRMAL DEVI

JUDGEMENT

(1.) The Ludhiana Improvement Trust (hereinafter called 'the Trust') notified acquisition of land measuring about 200 acres under Section 36 of the Punjab Town Improvement Act, 1922(hereinafter called 'the Act') on March 17, 1961, for Gill Road Development Scheme within the municipal limit of Ludhiana town. The scheme was approved by the State Government under Section 42 of the Act vide notification dated Dec. 6, 1967.

(2.) The Land Acquisition Collector by award dated January 14, 1969 allowed compensation to the landowners at the rate of Rs. 30/- per Biswansi for the land abutting on the road up to a depth of 12 Gathas. The interior land was classified as : (1) Rossly (Barani), (2) Khalis Chahi, (3) Makan Gair Mumkin, (4) Abata Chah Gairmumkin,(5) Gair Mumkin Khatan, (6) Gair Mumkin Rasta and (7) Bhudh. The Chahi and land under the houses was assessed at Rs. 20/- per Biswansi, Rossly (Barani) and Bhudh at the rate of Rs. 15/- per at the rate of Rs. 7.50 per Biswansi and Gair Mumkin land at the rate of Rs. 4/- per Biswansi. The landowners feeling dissatisfied with the award of the Collector sought reference which was disposed by the Tribunal constituted under the Act vide order dated June 26, 1971. The Tribunal held the valuation of the land as fixed by the Land Acquisition Collector but allowed 15 per cent solatium and 6 per annum interest in addition to the amount awarded by the Collector. Smt. Nirmala Devi, respondent, feeling aggrieved by the order of the Tribunal filed C. W. P. No. 3829 of 1971, which was partially accepted by the learned single Judge vide order dated August 21, 1980 : (reported in AIR 1981 Punj & Har 163). The learned single Judge directed that the whole of the acquired land would be divided into two blocks, one for the land abutting the road up to a depth of 12 Gathas for which compensation at the rate of Rs. 30/- per Biswansi as allowed by the Land Acquisition Collector and the Tribunal, shall be paid and the 2nd, for whole of the rest of the acquired land for which compensation at the rate of Rs. 20/- per Biswansi shall be paid apart from 15 per cent solatium and interest at the rate of 6 per cent per annum on the enhanced amount from the date of taking possession of the land till its payment. The Trust has assailed the order of the learned single Judge dated Aug. 21, 1980, in the present Letters Patent Appeal.

(3.) The learned counsel for the petitioner has argued that the value of the acquired land had been correctly assessed by the Land Acquisition Collector and the Tribunal and the learned single Judge erred in disturbing the valuation with respect of interior land, that is, beyond 12 Gathas from the road. The learned counsel has further argued that the learned single Judge has reversed the finding of fact recorded by the Tribunal by reappraising the evidence which could not be done in the writ proceedings under Art. 226 of the Constitution. It has also been argued that the Land Acquisition Collector by another award dated Jan. 14, 1969 but relating to the land of the same Gill Road Development Scheme had made similar classification of interior land for the purposes of valuation which was upheld by the Tribunal vide order dated May 6, 1970 and by a Division Bench of this Court in C.W.P. No. 2523 of 1970 decided on July 13, 1976. In view of the Division Bench decision in C. W. P. No. 2523 of 1970, the impugned order of the learned single Judge cannot be sustained.