LUDHIANA IMPROVEMENT TRUST Vs. BACHAN KAUR

JUDGEMENT

(1.) Even though matter is partly heard, arguments having been partly addressed by learned counsel for the claimants in the connected case, no one has chosen to appear in this case on behalf of the Improvement Trust on last 3-4 dates. Even otherwise also Full Bench of this Court in CM No. 1001 of 1986 in LPA 773 of 1982 has already held that the claimants shall, over and above the market value of the land as eventually determined by the Court, be entitled to 30 per cent instead of 15 per cent, as solatium for compulsory acquisition under amended Section 23(2) of the Act as also to 9 per cent per annum interest from the date of taking possession of the land to the period of one year and thereafter @ 15% per annum for the subsequent period till the date of payment as per amended Section 28 of the Act. It has also been held that the claimants' claim for 12 per cent per annum enhancement on the amount of compensation from the date of notification under Section 4 of the Act till the date of the award of the Collector under Section 23(1-A) of the Act is not made out. In so far as the writ seeking decrease in the compensation assessed by the court below is concerned, there is absolutely no scope to do that.