- (1.) This order will dispose of six petitions bearing CWP Nos.2660, 3642, 3600, 3618, 3643 of 2009 and CWP No.5684 of 2010 since common questions of facts and law are involved in the same.
(2.) The land of the petitioners was acquired vide notification under Section 36 dated 24.5.1974 of the Town Improvement Act 1922, (hereinafter referred to as the Act) for development scheme framed by Amritsar Improvement Trust for the area bounded by Burj Baba Phula Singh Road, G.T. Road Chamrangan Road and the Outer Circle Road, Amritsar. The declaration under Section 42 of the Act was issued on 9.5.1977. The Land Acquisition Collector, Amritsar Improvement Trust vide Award dated 3.8.1978 categorised the land into three belts as under: BELT-A comprised of land measuring 87K-4M abutting the GT Road upto a depth of 60 karams. BELT-B comprised of land measuring 76K-17M abutting Chamrangan Road upto a depth of 60 karams. BELT-C rest of the land measuring 526K-04M at rear of BELT A and B. The compensation was thereafter assessed and the relevant extract of the award is as under: "BELT-A:- The land situated at G.T.Road is best of all land comprised in the scheme. I allow 20% increase over and above the rate of Rs.258/- for belt 'A' i.e. Rs.309.60 per marla. In this belt land measuring 19K-0M bearing khasra nos. 635-36/259 (18K-1M) and 411 (0K-19M) is low lying. I therefore allow a cut of 40% to the above rate of Rs.309- 60. The rate for low lying for belt 'A' therefore works out to Rs.185.76 per marla. BELT-B:- The land falling on Chamrangan Road is definitely better the land situated in belt 'C' but inferior to land on G.T.Road. I, therefore, allow an increase of 10% over and above the normal rate of Rs.258/-. The rate for this belt as such worksout to Rs.283.80 per marla. In this belt land measuring 18K-0M bearing Kh. No.260/(2K-0M)262 (0K-11M), 293 (7K-12M), 294 (6K- 5M) and 295 (1K-12M) is low lying, I therefore, allow a cut of 40% to the above rate of Rs.283.80 per marla, the rate for low lying area in belt 'B' worksout to Rs.170.28 per marla. BELT-C:- The land comprised in this belt is mainly under cultivation, for which I have awarded Rs.258/- per marla. In this belt land measuring 78K-9M, bearing khasra No.229 (4K-2M), 233 (1K-6M), 245(4K-15M), 246(1K- 6M), 247(5K-0M), 250(5K-9M), 251 (2K-3M), 261 min (2K-9M), 270 (0K-10M), 271 (0-10M), 297 (2K-14M), 298(2K-18M), 302 (1K-8M), 303 (10K-15M), 304 (2KM), 324 (2K-14M), 329 (1K-17M), 407 (2K-19M), 416 min (1K-6M), 417 (19K-6M) is low lying. I, therefore, allow a cut of 40% on the rate of Rs.258/- per marla. The rate of low lying land in this belt 'C' worksout to Rs.154.80 per marla."
(3.) The petitioners were not satisfied with the compensation determined by the Land Acquisition Collector and preferred references under Section 18, of the Land Acquisition Act, to the Land Acquisition Tribunal, Amritsar Improvement Trust, Amritsar. The learned Tribunal vide judgment dated 11.8.2008, held that the compensation of the acquired land was correctly assessed and all the references were answered against the petitioners.;