GURSHER SINGH Vs. PRESIDENT, IMPROVEMENT TRUST TRIBUNAL, JALANDHAR

JUDGEMENT

(1.) TO question the validity of the Award of the Tribunal constituted under the Town Improvement Act, 1922 (for short 'the Act') this petition has been preferred under Article 226 of the Constitution of India on the ground that the same suffers from an error patent on the face of the record.

(2.) IT is averred in the petition that the petitioners are owners of 89 kanal 3 marla of land comprising in different khasra numbers mentioned in the petition. Vide Notification under Section 36 of the Act, the respondents had sought to acquire 143.50 acres of land situated in the municipal limits of Jalandhar on the south of Model Town, Jalandhar for execution of a development scheme framed by respondent No. 4. Notification under Section 42 of the Act was published on 5.8.1977. The land of the petitioners was covered under the aforesaid notifications. The Land Acquisition Collector, Improvement Trust, Jalandhar gave an Award No. 3 of 1976-77 on 12.4.1980 allowing compensation at the rate of Rs. 450/- per marla even though the District Collector had recommended payment of Rs. 800/- per marla. Solatium at the rate of 15% was also awarded.

(3.) THE petitioners were also held entitled to 15 per cent of solatium and 6 per cent interest on the enhanced amount of compensation from the date of their dispossession till realisation.