PARDEEP KUMAR Vs. TRIBUNAL, IMPROVEMENT TRUST AND ORS

JUDGEMENT

(1.) The petitioner prays for quashing the order dated 13.10.2012, Annexure P.1 passed by the President Tribunal, Improvement Trust, Jalandhar to the extent that adequate compensation for the land has not been granted and only meager compensation of Rs. 15000/- per marla upto the depth of 240 feet from the GT road and Rs. 12000/- per marla for the remaining land has been granted. Further prayer has been made for modification of the award dated 13.10.2012, Annexure P.1 by enhancing the compensation to the extent of Rs. 60,000/- per marla alongwith interest and other statutory benefits.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The Improvement Trust, Jalandhar issued first publication of notice under Section 36 of the Punjab Town Improvement Trust Act, 1922 (in short, "the Act") in respect of its scheme on 29.10.1993 in the Government Gazette. The scheme was sanctioned by the State Government under section 42 of the Act vide notification dated 20.10.1994. The entire scheme area of 94.5 acres was situated in close proximity of the township of Jalandhar city as well as Jalandhar Cantt. The location was on the GT road bye pass near Village Lamba Pind, Jalandhar. The land at the time of acquisition was of very high value as it was not only abutting GT road, bye pass but was also within the municipal limits of Jalandhar and in close proximity of the inhabited localities of the town. The chunk of land owned by the petitioner was adjoining catholic church and Christian school. The land Acquisition Collector passed award on 18.10.1996. After excluding the land owned by Municipal Corporation and other exempted areas, the Collector relied upon letter dated 11.4.1996 sent by the State Government, revenue department whereby the Government approved Collector's rates at the rate of Rs. 12000/- per marla for land abutting GT road bye pass and Rs. 10,000/- for the remaining land of Village Lamba Pind, Jalandhar. The Collector merely granted the same compensation as was fixed in the letter dated 11.4.1996. Aggrieved by the award, the petitioner filed petition before the Tribunal constituted under Section 60 of the Act for grant of market value at the rate of 60,000/- per marla. Respondent No.1 clubbed all the land references including the one filed by the petitioner and decided all of them vide award dated 1.3.2007. Earlier the decision was rendered by the Additional District Judge Jalandhar alone while discharging duties as President of the Tribunal. Aggrieved by the order, CWP No.9818 of 2007 was filed before this court which was heard alongwith other bunch of cases and vide order dated 7.8.2008, the said writ petitions were disposed of and the award passed by the President alone was set aside as having been suffering from the vice of coram non judice. All the cases were remanded back for fresh consideration directing the State Government to constitute Tribunal strictly in terms of Section 60 of the Act. After remand, the Tribunal merely repeated the same decision vide award dated 13.10.2012, Annexure P.1. Aggrieved by the award, various writ petitions were filed in this court, the main bearing CWP No.3980 of 2013, Prem Kumar vs. Tribunal Improvement Trust, Jalandhar and others,which was disposed of, vide order dated 31.10.2013, Annexure P.2 modifying the award to the extent that compensation for the land abutting the bye pass was assessed at Rs. 16,080/- per marla and of the remaining land at the rate of Rs. 13,400/- per marla alongwith all statutory benefits under sections 23 and 28 of the Land Acquisition Act, 1894 on the difference of the market value of acquired land over and above the compensation awarded by the Tribunal. Hence the instant writ petition by the petitioner.

(3.) We have heard learned counsel for the parties.