JALANDHAR IMPROVEMENT TRUST Vs. SMT. VIDYA SURI

JUDGEMENT

(1.) THIS order shall dispose of two Letters Patent Appeals being Letters Patent Appeals No. 805 and 806 of 1993 as both the appeals have arisen out of the common judgment of the learned Single Judge. The learned Single Judge had allowed the writ petitions filed by the claimant-respondents and had directed that the compensation for their acquired land would be payable at a uniform rate.

(2.) LAND measuring 499 kanals 17 marlas situated in Jalandhar City adjoining to Jalandhar Cantt road lying within the municipal boundaries was acquired by the Jalandhar Improvement Trust for the development of a scheme known as '50 acre development scheme'. A notice under section 36 of the Town Improvement Act was issued on June 21, 1963 in this regard. The Land Acquisition Collector, Improvement Trust, Jalandhar vide his award dated July 21, 196 classified the land in two categories. For belt 'A' the Collector allowed the compensation at the rate of Rs. 115/- per marla. For the remaining land, comprised in belt 'B', the acquired land was assessed at the rate of Rs. 50/- per marla. The claimants were not satisfied. They claimed references under section 18 of the Land Acquisition Act for enhancement of compensation. The matter was accordingly, referred to Tribunal.

(3.) DISSATISFIED with the aforesaid award dated February 9, 1983, the claimants preferred two separate writ petitions being Civil Writ Petitions No. 4748 and 4749 of 1983. The learned Single Judge through his judgment dated March 3, 1993 held that there was no justification for the two belts and the entire acquired land was liable to be assessed at a uniform rate i.e. at the rate of Rs. 260/- per marla which was the market value for the land falling in belt 'A'. The learned Single Judge also held that the solatium was payable on the entire amount of compensation as well as the interest as per provisions of Section 28 of the amended Act.