KARNAL IMPROVEMENT TRUST Vs. RAM PARSHAD

JUDGEMENT

(1.) THIS writ petition is directed against the award of the Tribunal constituted under the Punjab Town Improvement Act, 1922, Karnal, dated 4.5.2002 whereby 17 references under Section 18 of the Land Acquisition Act, 1894 have been disposed of. This petition pertains to the case of one of the claimants Ram Parshad who had since died and whose illegal representatives have been impleaded as respondents.

(2.) THE facts relevant to decide the controversy, may first be noticed.

(3.) DISSATISFIED with the award, Ram Parshad and various other claimants filed objections praying for enhancement of compensation. They also claimed compensation for the superstructures on the acquired land and also in respect of Phar land. These objections were referred to the Tribunal under Section 18 of the Land Acquisition Act, 1894. The Tribunal vide its award dated 21.2.1989 (Annexure P-2) disposed of 9 references, including that of Ram Parshad, awarding compensation in respect of built up area at the rate of Rs. 1,072/- per square yard. However, the Tribunal did not award any compensation in respect of Phar land by holding that the Phar land was part of the street and, therefore, the claimants were not entitled to compensation for the same. It may also be mentioned that the Tribunal had earlier made another award dated 20.1.1988 in the case of Kartar Singh and 7 other claimants whereby a compensation of Rs. 1,336/- per square yard had been awarded in respect of the properties acquired under the same Scheme. However, in that award also, no compensation was awarded in respect of Phar land.