HOSHIARPUR IMPROVEMENT TRUST Vs. PRESIDENT LAND ACQUISITION TRIBUNAL

JUDGEMENT

(1.) This order shall dispose of all these Civil Writ Petition No. 7969, 11008, 11009, 11010, 11011, 11012, 11013, 11014, 11015, 11016, 11017, 11018, 11019, 11020, 11021, 11022, 14128, 14133, 14134, 14135, 14147, 14148, 14149, and 12794 of 1990 as common questions of law and facts are involved in all these writ petitions. The facts are being taken in C.W.P. No. 7969 of 1990.

(2.) The land of the claimant/respondent No. 2 was acquired by the Hoshiarpur Improvement Trust, Hoshiarpur (hereinafter to be referred as "the Trust") under the Punjab Town Improvement Act, 1922 (for short as "the Act"). The possession of the land was taken in accordance with law. The Collector gave his award in the year 1979. The claimant/respondent No. 2 was not satisfied with the compensation and he sought enhancement of compensation. The matter was adjudicated upon by the President, Land Acquisition Tribunal, Hoshiarpur, Respondent No. 1, (hereinafter called as "the Tribunal") under Section 59 of the Act, vide his order dated 24.3.83, annexed as Annexure P-1 with the petition. The order of the Tribunal dated 24.3.93 became final. After a gap of more than five years, respondent No. 2 preferred an application under Sections 151 & 152 of the Code of Civil Procedure seeking amendment of the award and claiming enhanced solatium and other benefits in view of the Land Acquisition Amendment Act 1984 (Act No. 64 of 1984). The Tribunal, vide its order dated 25.4.89, allowed the application made by respondent No. 2 and modified its earlier award dated 24.3.83 to the extent that solatium shall be payable at the rate of 30% instead of 15% granted earlier. Interest at the rate of 12% per annum was granted from the date of notification under Section 42 of the Punjab Town Improvement Act, 1922 till the date of award of the Collector or the date of possession of land which ever was earlier. Interest was also granted at the rate of 9% per annum from the date on which the Trust took possession of the land to the date of payment of such excess amount in Court, for a period of one year and thereafter at the rate of 15% per annum from the expiry of the said period of one year till payment.

(3.) It is against this order dated 25.4.1989 of the Tribunal, which is annexed as Annexure P-2 with this petition, this petition under Article 226/227 of the Constitution of India has been preferred by the Hoshiarpur Improvement Trust, Hoshiarpur through its Chairman in which a prayer has been made for issuance of a writ in the nature of mandamus, certiorari, prohibition or any other appropriate writ, order or direction quashing the impugned order dated 25.4.89 of the Tribunal, annexed as Annexure P-2 with the petition.