AMRITSAR IMPROVEMENT TRUST Vs. GURDIAL SINGH

JUDGEMENT

(1.) THIS Letters Patent arises out of an application made under Section 152 of the Code of Civil Procedure by the respondents-landowners claiming the benefit of enhanced solatium payable by virtue of the Land Acquisition (Amendment) Act, 1984 (hereinafter called the 'Act'), which has been retrospectively made applicable with effect from 30.4.1982.

(2.) LAND belonging to the landowners was acquired by the State of Punjab for a public purpose under the provisions of the Punjab Development of Damaged Area Act, 1951. The Collector rendered his award on 17.2.1961 which was followed by the award of the Tribunal dated 12.1.1973, which granted solatium at 15% in addition to the compensation. The Trust thereafter filed Civil Writ Petition No. 3962 of 1973 challenging the award of the Collector and the Tribunal, which was dismissed on 6.9.1982. The landowners thereafter moved an application i.e. Civil Misc. No. 3127 of 1985 in CWP No. 3962 of 1973 praying that as the solatium payable on account of the land acquisition has been enhanced from 15% to 30% by the Act, the landowners were entitled to the enhanced solatium. This application was allowed by a learned Single Judge of this Court on 9.5.1986 and it was directed that the solatium at the rate of 30% be given to the applicants.

(3.) WE have heard the learned counsel for the parties and have gone through the record very carefully. We have also perused the judgment of the Hon'ble Supreme Court in Union of India and another v. Raghubir Singh (dead) by Lrs. Etc., 1989(1) RRR 552 (SC) : AIR 1989 Supreme Court 1933, wherein it has been held that the Act would be applicable only to the awards made by the Collector, the Tribunal and the appeals arising therefrom prior to 30.4.1982. We find from the facts of the present case that the awards of the Collector and the Tribunal were (sic) aforesaid parameters fixed by the Hon'ble Supreme Court of India, although the decision on the writ petition was rendered within this period. As a writ petition cannot be deemed to a proceeding under the Act, the benefit of enhanced solatium cannot be given to the landowners.