RAVI KANTA Vs. LAND ACQUISITION TRIBUNAL

JUDGEMENT

(1.) Vide this judgment seven writ petitions are disposed of as having been filed challenging the same award of the Land Acquisition Tribunal, Improvement Trust, Hissar (hereinafter called 'the Tribunal) appointed under the Punjab Town Improvement Act, 1922 (as applicable to the State of Haryana) (hereinafter called 'the Act'). The award of the Tribunal is dated September 29, 1987 and is Annexure 'P-2' in the writ petitions filed by the Hissar Improvement Trust and Annexure 'P-3' in the other writ petitions filed by the claimants. By this award compensation for an area of land measuring 8686 square yards situated within the municipal limits of the town of Hissar City was fixed adopting the belting system at the rate of Rs. 400/- and Rs. 350 per square yard respectively for the two belts. Writ Petitions Nos. 9782-9755 of 1987 have been filed by the Hissar Improvement Trust where as writ petitions Nos. 738 to 740 of 1988 have been filed by the owners of the properties acquired. The facts are taken from Civil Writ petition No. 738 of 1988 (Shrimati Ravi Kanta V. The Land Acquisition Tribunal, Hissar, and others) .

(2.) Hissar Improvement Trust, respondent No. 3, is a statutory local authority created under the Act. The Improvement Trust prepared commercial development scheme No. 5-A. Originally it was intented to acquire 2.26 acres of land. The Governor of Haryana accorded sanction to the said scheme,- vide notification dated April 15, 1975 and it was published in the Haryana Gazette on May 6, 1975. The notification was also issued under Section 42(1) of the Act. Subsequently, the scheme was notified and some area was released. The remaining area intended to be acquired measured 8686 square yards. At this stage it may be noticed that earlier such a scheme was framed. However, the same was abandoned.

(3.) The Sub Divisional Officer (Civil) acting as Land Acquisition Collector, Hissar, announced his award on April 26, 1976 for the acquired land. He created three Zones for the purposes of fixation of market value. For the land in Zone-A measuring 209 square yards market value was fixed at the rate of Rs. 100 per square yard. In respect of the land falling in Zone-B measuring 402 square yards, the market value was fixed at the rate of Rs. 60 per square yard and in respect of the remaining land falling in Zone-C measuring 7075 square yards, the market value was fixed at the rate of Rs. 40 per square yard. Since on some of the land acquired existed commercial premises, for the buildings and structures thereon in an area of 1611 square yards the Collector awarded a sum of Rs. 1,00,151.70. On the amount awarded, solatium of fifteen per cent, as then prevalent, was awarded. The possession of the land acquired was taken on May, 12, 1976. Since the owners of the land acquired were not satisfied with the amount of compensation fixed by the Collector, they moved applications under Section 18 of the Land Acquisition Act. Which were subsequently referred to the Tribunal. The Land Acquisition Collector also made reference under Section 18 of the Land Acquisition Act, which was also disposed of by the Tribunal.