OM PARKASH KEDIA Vs. DISTRICT JUDGE, BHIWANI

JUDGEMENT

(1.) THE petitioner has invoked the extra ordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India for seeking issuance of a writ in the nature of certiorari for quashing the impugned award dated 23.12.1982 rendered by the Tribunal constituted under the Punjab Town Improvement Act, 1922 (hereinafter referred as 'the Act'). The Improvement Trust, Bhiwani (hereinafter referred to as 'the Trust') acquired land measuring 1.47 acres (1120 sq. yards) under a Development Scheme for the area known a "Old Katha Mill" situated in Bhiwani City. Notifications under Section 36 of the Act were published in three consecutive issues dated 16th, 23rd and 30th September, 1969 followed by notification under Section 42(1) of the Act published in Haryana Government Gazette dated 12.5.1970. The Land Acquisition Collector rendered award dated 20.4.1971. Pursuant thereto awarded compensation for the acquired land @ Rs. 5/- per sq. yard, Rs. 5767.47 for the boundary wall, Rs. 5,936/- for the two buildings situated in the centre of the land and Rs. 1,350/- for two rooms situated on both sides of the Gali and additionally a sum of Rs. 300/- for the gate. In all, a sum of Rs. 48,953.47 was allowed as compensation besides 15% compulsory acquisition charges.

(2.) SARAVSHRI Om Parkash Kedia and Durga Parkash Kedia claimed one half share each in the acquired property but they were unable to produce any documentary evidence in support of their title. Resultantly, a reference under Section 30 of the Land Acquisition Act for apportionment of compensation amongst the owners was also made.

(3.) THE petitioner has sought quashing of the award dated 23.12.1992 on the ground that inadequate compensation has been awarded by fixing the value of the land at Rs. 8/- per sq. yard whereas the value of the land was more than Rs. 100/- per sq. yard. Apart from this ground, various other grounds have been set up.