LAWS(P&H)-1992-5-39

JALANDHAR IMPROVEMENT TRUST Vs. PRESIDENT LAND ACQUISITION TRIBUNAL JALANDHAR IMPROVEMENT JALANDHAR AND

Decided On May 08, 1992
JALANDHAR IMPROVEMENT TRUST THROUGH ITS CHAIRMAN Appellant
V/S
PRESIDENT LAND ACQUISITION TRIBUNAL JALANDHAR IMPROVEMENT JALANDHAR AND Respondents

JUDGEMENT

(1.) IMPROVEMENT trust Jalandhar is aggrieved by the grant of benefits available under the Land Acquisition (Amendment ) Act. 1984 to respondent Nos. 3 to 29. It has filed the present petition claiming that the awards made in favour of the claimants be quashed. A few facts may be noticed.

(2.) THE petitioner acquired the land belonging to respondent Nos. 3 to 29 Dissatisfied with the award given by the Collector, the land owners approached the land Acquisition Tribunal for enhancement of compensation. By separate awards given during the period from November 2, 1982 to may 22, 1985, the Tribunal granted the compensation to the claimants. Thereafter, applications were made. for the grant of benefits as admissible under Section 30 of the Land Acquisition (Amendment ) Act. 1984. These application appear to have been allowed by separate orders passed on different dates during he years 1990 and 1991. It is claimed that the Tribunal has erred in enhancing the amount of compensation. The petitioner claims that the awards had become final and could not have been challenged after the lapse of many years. It has been further averred that he respondents were not entitled o the benefits of the Amending Act, It is further claimed that the Tribunal had become fuctop-officio after the award.

(3.) WRITTEN statements have been filed on behalf of some of the respondents. In the written statement filed on behalf of respondent No. 9 , it has been averred by way of preliminary objection. that the petitioner has no locus standi to file this writ petition. Further the maintainability of a petition challenging different awards passed in respect of different claimants has been questioned. On merits ,it is claimed that the claimants land owners are entitled to the benefit of the Amending Act.