MOHINDER SINGH Vs. THE HOSHIARPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) The revision in Civil Revision No.3431 of 1997 by the landowners-Mohinder Singh and Mohan and the revision in Civil Revision No.4639 of 1997 is by the Improvement Trust. The revision by the landowners is against the plea that compensation awarded to a joint owner, namely, Mohinder Singh in civil appeal to the Supreme Court at Rs. 60/-per square yard must be afforded to the other co-owner, Mohan as well, irrespective of the compensation as determined by the Land Acquisition Tribunal, Improvement Trust. The revision by the Improvement Trust is as regards a provision for interest even during the time when there was an order of stay issued by the institution of writ proceedings by landowners.

(2.) In this case, the acquisition had been done for Hoshiarpur Improvement Trust for the purposes of its development scheme under the Punjab Town Improvement Act of 1926. The notification issued under Section 42 had been the subject of challenge by the petitioners in a writ petition filed before this Court. It appears that independently of the writ, there had been an award passed determining compensation pursuant to the notification issued and when the petitioners were dissatisfied about the quantum assessed, a reference had been made in Reference No.109 of 1980 before the Land Acquisition Tribunal, Improvement Trust, Hoshiarpur.

(3.) The writ petition challenging the notification issued under Section 42 was dismissed by this Court but it appears that only one of the landowners, namely, Mohinder Singh had filed a civil appeal No.3017 of 1979. The manner of disposal of the judgment of the Supreme Court and the way it was sought to be worked in execution by one of the co-owners Mohan are the subject of adjudication before this Court and, therefore, it would be worthwhile to reproduce the text of the judgment of the Supreme Court along with the cause title:-