RAJINDER KALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition filed under Article 226 of the Constitution prays for issuance of direction to the respondents to return the land in question to the petitioners which is alleged to have been taken over by the Jalandhar Improvement Trust-respondent No. 2 (for brevity 'the Trust') for implementation of 51.5 Acres Scheme at Jalandhar in the year 1971. The precise allegation is that the petitioners have been deprived of their land measuring 6 kanals 3 marlas falling in khasra No. 15547. The land was acquired by way of exchange vide agreement dated 3.3.1972 (Annexure P.1A) between the Trust and a number of other land owners which has been duly signed by the Trust and the petitioner - Rajinder Kalia son of Hargobind Kalia. The petitioner and his brother Narinder Kumar Kalia, however, acquired some proprietary rights in more land in July, 1973 out of khasra No. 155437 which was never part of exchange deed and accordingly the same could not be exchanged or purchased by negotiation by the Trust. Accordingly, the petitioner made a representation on 24.11.1978 seeking compensation of land comprised in khasra No. 155347 apart from land measuring 12 kanals 14 marlas. The petitioners claimed that in August, 1974 a resolution by the Board of Trustees was passed to offer the petitioners alternative land in respect of their land comprised in khasra No. 155347. As no alternative land has been allotted the petitioner has raised demand for alternative land and requested for payment of compensation in respect of 6 kanals 3 marlas land. The last para of the representation reads thus :

(2.) SIMILAR representations were made on 10.2.1984 (Annexure P.4), 10.2.1992 (Annexure P.5) and 26.7.1993 (Annexure P.6). The respondent Trust intimated the petitioner on 4.10.1993 that their land was not acquired and no award was announced (Annexure P.7). However, the petitioner continued to make representations for payment of compensation (Annexures P.9, P9 A, P.10, P.11, P.12 and P.13). The matter was taken by the Executive Officer of the Trust on 31.10.2002 ( Annexure P.14) by addressing a letter to the Government wherein it was stated that a sub committee headed by the Deputy Commissioner for the District may be constituted. The report in respect of possession after the due approval of the Government may be sent to the Trust so as to make the payment of due compensation to the petitioners.

(3.) WE have heard learned counsel for the parties at a considerable length and have perused the paper book with their able assistance. A perusal of representation dated 24.11.1978 shows that the petitioners had handed over possession of the land to the Trust in good faith on the understanding that alternative plots were to be given to them. The representation further states that neither any alternative plot was given nor compensation was paid. It was further revealed by the petitioner that they were not interested in getting alternative plots for the time being and withdrew their previous requests in that behalf. Accordingly a request was made for payment of compensation for the area 6 kanals 3 marla. The adequate price as prevailing in the year 1974 was demanded. The Government in the impugned order has assessed the value of the property at the average rate calculated by the Land Acquisition Collector for the year 1973-74 which worked out at Rs. 330/- per marla. Accordingly compensation has been paid alongwith 12 percent interest accruing from 20.7.1973 till the date of payment. Thirty percent solatium has also been awarded to the petitioner.