BHIWANI IMPROVEMENT TRUST, BHIWANI THROUGH ITS SECRETARY Vs. THE TRIBUNAL CONSTITUTED UNDER THE PUNJAB TOWN IMPROVEMENT ACT, 1922 FOR BHIWANI AND OTHERS

JUDGEMENT

(1.) This order shall dispose of a bunch of 24 cases being Civil Writ Petition Nos.12780 to 12787, 16025 to 16034, 4842 to 4845 of 1996, 4688 of 1997 and 2865 of 1998 as learned counsel for the parties are agreed that identical question of law and facts are involved in all these cases. However, the facts are being extracted from CWP No.16032 of 1996, which may be briefly noticed.

(2.) The relevant facts as narrated in CWP No.16032 of 1996 are that the petitioner - Bhiwani Improvement Trust, Bhiwani framed a scheme No.5 namely Kamla Nagar for an area measuring 17180 square yards in the year 1970. Notification under Sec. 36 of the Punjab Town Improvement Act, 1922 (in short, "the Act") was published in Part III of the Haryana Government Gazette in three consecutive issues dated 18th Aug., 25th Aug. and Ist Sept. 1970. The said scheme was sanctioned by the State Government under Sec. 41 of the Act which was followed by notification under Sec. 42(1) of the Act on 26.7.1971. Thereafter, the scheme was sent to the Land Acquisition Collector for acquisition of land. A survey plan of the area under acquisition was prepared by the petitioner which was published for invitation of objections. Compensation at the rate of Rs. 20.00 per square yard was claimed by respondent Nos. 2, 5,6 and 7 for acquisition of their land. The Land Acquisition Collector after examining the matter in detail announced the award dated 10.1.1973 fixing compensation at the rate of Rs. 1/- per square yard plus 15% on account of compulsory acquisition and left the question of title to be determined by the Court under section 30 of the Act. Thereafter, the land owners submitted their references under section 18 of the Land Acquisition Act, 1894 to the Tribunal constituted under Sec. 60 of the Act for the purpose of performing the function of Court. The Tribunal gave its award dated 4.8.1995, Annexure P.3, enhancing the compensation from Rs. 1/- per square yard to Rs. 20.00 per square yard alongwith 30% solatium on the amount increased alongwith interest at the rate of 9% per annum for the first year from the date of taking possession of the land and at the rate of 15% per annum from the subsequent period till the date of payment alongwith other statutory benefits and costs. Aggrieved thereby, the Bhiwani Improvement Trust, Bhiwani is before this Court through the present petition alongwith connected petitions seeking quashing of the said award. In some of the writ petitions, award had been announced on 24.7.1995 by the Tribunal which has been assailed therein on similar grounds. Not satisfied with the awards, the claimants have also filed separate writ petitions.

(3.) Learned counsel for the petitioner - Bhiwani Improvement Trust, Bhiwani submitted that the awards dated 24.7.1995 and 4.8.1995 were passed by an authority who was not competent to pass the same as under the Act, the Tribunal which is empowered to adjudicate the reference is consisted of the President and two assessors as required under Sec. 60 of the Act. Learned counsel for the petitioner while relying upon Division Bench judgment of this Court in Avtar Singh and others Vs. The District Judge, Rupnagar and others, 2012(1) PLR 581 submitted that the issue stands concluded by the aforesaid decision. Learned counsel for the petitioner also submitted that the two assessors were nominated by the trust namely Shri Amar Lal Hans and Shri Sham Lal Sharma. The appointment of Shri Sham Lal Sharma had been duly made and accordingly the notification was issued in his name. According to the learned counsel, the awards which had been signed were by Shri Sham Lal Aggarwal who was a different person.