BIKKAR SINGH Vs. LAND ACQUISITION TRIBUNAL IMPROVEMENT TRUST

JUDGEMENT

(1.) THIS order shall dispose of four connected writ petitions bearing Nos. 6893 of 1986, 1249 of 1987, 7423 of 1988 and 9352 of 1987 as common questions of fact and law are involved in all these petitions. Facts have, however, been extracted from Civil Writ Petition No. 6893 of 1986 (Bikkar Singh and Ors. v. The Land Acquisition Tribunal, Ludhiana, Improvement Trust, Ludhiana.

(2.) STATE Government on behalf of Improvement Trust, Ludhiana, acquired 129 acres of Land situated in revenue estate of village Barewall Awana and Tharike for a public purpose i.e. for development -cum -housing accommodation scheme and expansion scheme known as 129 Acres Scheme. Notification under Section 36 of the Punjab Town Improvement Act was issued on 17th December, 1976 whereas the Government granted sanction under section 42 of the Improvement Trust Act vide notification dated 13th of December, 1979. Land Acquisition Collector vide award (Annexure P -2) dated 9th of February, 1981, evaluation the market price of the acquired land at Rs. 37,500/ - per acre and while applying a further cut of 10% awarded compensation to the petitioner -claimants at Rs. 33,290/ - per acre. Petitioners sought reference under section 18 of the Land Acquisition Act as they were not satisfied with inadequate compensation awarded to them by the Land Acquisition Collector. The Land Acquisition Tribunal enhanced the compensation of the petitioner at the rate of Rs. 43,560/ - per acre i.e. Rs. 9/ - per Sq. yard. They were also allowed 30% solatium, nine per cent interest for the first year and 15 per cent interest per year for subsequent years from the date of taking possession of the acquired land till the date of payment of enhanced compensation. The petitioners had still not felt satisfied and filed writ petition praying for further enhancement. The writ petition was admitted on 19th of December, 1986 but till date no written statement has been filed in the matter and no one has chosen to appear to contest the claim of the petitioners.

(3.) IT is not only from paragraph 11 alone that it is spelt out that market value of the land which was located on the main road was assessed at Rs. 27/ - per sq. yard but this fact is also clear from the award Annexure P -l annexed with Civil Writ Petition No. 7423 of 1988 given by Shri T.S. Cheema, President Land Acquisition Tribunal, Ludhiana. The said award also deals with the same notification. At page 11, it has been clearly mentioned that the claimants shall be compensated for their acquired land at the rate of Rs. 27/ - per sq. yard of the land abutting on the Ludhiana -Ferozepur road upto the depth of 25 Karams whereas with regard to remaining land compensation was assessed at Rs. 9/ - per sq. yard. It is clear from award Annexure P -2 that the land subject matter of the Acquisition was bounded as follows: -