- (1.) This order shall dispose of two writ petitions i.e. CWP Nos. 9043 & 9044 of 1992 as the pleas raised in both the writ petitions are almost similar. For the sake of convenience, facts have been taken from CWP No. 9043 of 1992.
(2.) The petitioners are aggrieved by the award dated 12.01.1991 passed by District & Sessions Judge, Ambala exercising the powers of President, Improvement Trust Tribunal, Jagadhri, vide which they have been awarded compensation @ Rs. 14/- per square yard for the acquired land, besides compulsory acquisition charges @ 15% along with interest @ 6% per annum on the amount of compensation from the date of delivery of possession till the date of actual payment.
(3.) The Jagadhri Improvement Trust framed a Development Scheme No. 7 for the development of residential and commercial buildings. A notification under Section 38 of the Punjab Town Improvement Trust Act, 1922 (hereinafter referred to as 'the Act') was issued, followed by the notification under Section 42 of the Act. The Collector proceeded to determine the compensation and the award was pronounced on 19.07.1972, vide which he determined the compensation @ Rs. 4/- per square yard for the acquired land of the petitioners falling in the Scheme No. 7 of the Jagadhri Town. Being dissatisfied with the Award of the Collector, the petitioners filed applications under Section 18 of the Act for referring their matter to the President of the Tribunal for determining the compensation. The matter was referred to the Tribunal. Before the Tribunal, it was averred on behalf of the petitioners that : (i) the acquired land formed a compact piece of land situated right on the road side requiring no levelling or any improvement; (ii) the area is within the Municipal limits of Jagadhri Town and formed a part of abadi of Jagadhri Town; (iii) the area was partly used for commercial purposes; (iv) in its vicinity Police Post, Bus Stand, Religious places like Gurdwara and temple, residential colonies and commercial establishments besides factories, schools and college etc.; and (v) the area had great potentiality for being used as commercial as well as residential purposes.;