R. B. Misra, J. - (1.) Special leave granted limited to the question of compensation.
(2.) Appellant-Northern Carriers Pvt. Ltd. filed Civil Writ Petn. No. 7515 of 1976 in the High Court of Punjab and Haryana at Chandigarh under Art. 226 of the Constitution questioning the validity of a notice issued under Sec. 36 of the Punjab Town Improvement Act, 1922 (Act for short) as also the award dated Oct. 5, 1972 made by the Collector determining the compensation of the land acquired under the impugned notification.
(3.) The appellant purchased land admeasuring 29 kanals and 1 marla comprised in various Khasra Nos. more particularly set out in the petition for Rs. 2,43,050/- under a deed of transfer executed on behalf of the Central Government on June 25, 1971. The appellant immediately entered into possession and since then, he has been in possession of the land. It appears that a notice under Section 36 of the Act was issued on Nov. 4, 1966. In view of the provision contained in Clauses 1 and 2 of the schedule to the Act, a notice under Section 36 of the Act has the same effect as a notification under S. 4 (1) of the Land Acquisition Act. This acquisition was with respect to a scheme framed under the Act. Subsequently, on May 30, 1966, a notification under S. 42 (1) was published which has the effect of a declaration under Section 6 of the Land Acquisition Act. The collector made his award in respect of land on March 11, 1978. That was the principal award. Subsequently, a supplementary award which included the land purchased by the appellant, was made on Oct. 5, 1972. After this award, the respondent-Trust started taking steps for acquiring actual possession of the land of the appellant. Thereupon, the appellant filed a writ petition questioning the validity of the notice under S. 36 and the award.;