J.S.NARANG, J. - (1.) THE petitioner has invoked the extra ordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India for seeking issuance of a writ in the nature of certiorari for quashing the impugned award dated 23.12.1982 rendered by the Tribunal constituted under the Punjab Town Improvement Act, 1922 (hereinafter referred as 'the Act'). The Improvement Trust, Bhiwani (hereinafter referred to as 'the Trust') acquired land measuring 1.47 acres (1120 sq. yards) under a Development Scheme for the area known a "Old Katha Mill" situated in Bhiwani City. Notifications under Section 36 of the Act were published in three consecutive issues dated 16th, 23rd and 30th September, 1969 followed by notification under Section 42(1) of the Act published in Haryana Government Gazette dated 12.5.1970. The Land Acquisition Collector rendered award dated 20.4.1971. Pursuant thereto awarded compensation for the acquired land @ Rs. 5/- per sq. yard, Rs. 5767.47 for the boundary wall, Rs. 5,936/- for the two buildings situated in the centre of the land and Rs. 1,350/- for two rooms situated on both sides of the Gali and additionally a sum of Rs. 300/- for the gate. In all, a sum of Rs. 48,953.47 was allowed as compensation besides 15% compulsory acquisition charges.
(2.) SARAVSHRI Om Parkash Kedia and Durga Parkash Kedia claimed one half share each in the acquired property but they were unable to produce any documentary evidence in support of their title. Resultantly, a reference under Section 30 of the Land Acquisition Act for apportionment of compensation amongst the owners was also made. Om Parkash Kedia, being not satisfied of award of the Land Acquisition Collector, challenged the same before the Tribunal. The claim raised is that value of the building is not less than Rs. 70,000/- and that market value of the land was at least Rs. 100/- per sq. yard. Further, claimed Rs. 50,000/- as compensation for the loss in his earnings. Resultantly, the reference was made to the Tribunal under Section 18 of the Land Acquisition Act on account of the enhancement of compensation claimed. The reference was contested by the Trust by way of submitting detailed pleadings in this regard. On the other hand, Prabha Shanker Kedia, the other brothers and their mother Smt. Vidhya Devi Kedia filed the petition for claiming the entire amount of compensation. As per their plea, the acquired property belonged to Sh. Madan Lal Kedia i.e. father and husband of the claimants respectively. It is also claimed that S/Shri Om Parkash Kedia and Durga Parkash Kedia have no title or interest in the acquired property, therefore, they are not entitled to receive any amount of compensation. Upon the pleadings of the parties, the issues had been framed. The parties led their ocular as well as documentary evidence and that the Tribunal returned findings upon the issues accordingly. The market value of the acquired land has been fixed @ Rs. 8/- per sq. yard. On all other counts, the enhancement has been declined while returning finding on issue No. 1. The issue relating to the compensation for anticipated future earnings has been decided against the claimant. The matter relating to apportionment has also been considered vide issue No. 3A. It has been categorically observed that the findings given on the issues are subject to the decision, which may be given in a Regular Civil Suit filed by the interested party to get the award in dispute relating to Bhiwani property set apart. Resultantly, the relief has been granted accordingly by way of allowing 15% as compulsory acquisition charges and interest @ 6% on the enhanced amount of compensation from the date of compensation i.e. 29.4.1971 till date. It has been further held that unless the award depicted as Exhibit P16 relating to Bhiwani property is set aside in the Regular Civil Suit, Om Parkash and Durga Parkash claimants would not be entitled to receive the entire amount of compensation.
(3.) THE petitioner has sought quashing of the award dated 23.12.1992 on the ground that inadequate compensation has been awarded by fixing the value of the land at Rs. 8/- per sq. yard whereas the value of the land was more than Rs. 100/- per sq. yard. Apart from this ground, various other grounds have been set up.;