JALANDHAR IMPROVEMENT TRUST Vs. THE TRIBUNAL CONSTITUTION UNDER THE PUNJAB TOWN IMPROVEMENT TRUST AND ANR.

JUDGEMENT

(1.) THE Petitioner -Trust framed a development scheme for an area measuring 74.3 acres and 33.0 acres. Notification under Section 36 of the Town Improvement Act, 1922 (hereinafter referred to as the 'Improvement Trust Act') was published on 3.9.1974. The land of the Petitioner was also acquired for the aforementioned scheme. Award was pronounced by the Collector on 21.12.1978 regarding the acquired land. The market value of the land of the Respondent was assessed at Rs. 330/ -per marla along with solatium at the rate of 15% and interest at the rate of 6% per annum.

(2.) IT is the further case of the Petitioner -Trust that a notice under Section 12 of the Land Acquisition Act, 1894 was also issued to Respondent No. 2 intimating that compensation for his acquired land may be collected from the Office of the Collector. Respondent No. 2 did not file any reference under Section 18 of the Land Acquisition Act within limitation. However, Respondent No. 2 filed an application under Section 18 of the Act in the year 1986 i.e. After a lapse of 8 years from the date of award for referring the case to the Tribunal for enhancement of compensation. The matter was referred to the Tribunal wherein the claim of Respondent No. 2 was contested by the Petitioner submitting that the reference application was hopelessly time barred and the market value was correctly assessed.

(3.) THE award dated 29.11.1989 passed by the Tribunal is under challenge before this Court.