- (1.) This judgment shall dispose of writ petition Nos. 2197, 2281, 5565, 5544 5580, 5593, 5600, 2298, 5569, 2383, 2392 , 5586 , 5587, 2394, 2395, 2396 2 397,2331, 2333, , 2327, 2212, 2206, 2198, 1897, 5567 of 1990, 2335, 6700 of 1989, 1065 , 9619, 1924 , 5930 of 1988, 3043, 5787, 5788 of 1987 and 5897 of 1996 as all these petitions arise out of the same acquisition proceedings. For the sake of convenience, the facts are being extracted from C.W.P. No. 5787 of 1987.
(2.) Briefly the facts of the case are that vide notification dated 2.7.1976 issued under Section 36 of the Punjab Town Improvement Act, 1922, the Ludhiana Improvement Trust (hereinafter referred to as 'the Trust) acquired land measuring 475 acres situated in the revenue estate of village Sunet, Phullanwal and Jawadi, District Ludhiana, for the Development Scheme known as the "475 Acres Development Scheme". The Land Acquisition Collector vide Award No.1 dated 4.8.1981 divided the entire acquired land into four blocks i.e. A, B, C and D vis-a-vis its location qua the Ludhiana Pakhowal metalled road The compensation of the levelled land forming part of Block-A was awarded at the rate of Rs.250/- per maria but of the low lying area to the extent of 2 to 3 feet at the rate of Rs.200/-per maria and of the low lying area upto the depth of 3 to 4 feet at the rate of Rs.175/- per maria. Compensation of the levelled land of Block-B was awarded at the rate of Rs.225/- per maria and that of the low lying area to the extent of 1 to 2 feet at the rate of Rs.200/- per maria and of low lying area to the extent of 3 to 4 feet at the rate of Rs.157/- per maria. Compensation of the levelled land falling in Block-C was awarded at the rate of Rs.202/- per maria and that of the low lying area at the rate of Rs. 182/- per maria. Compensation of the levelled land falling in Block-D was awarded at the rate of Rs 182/- per maria while of the low lying area upto the depth of 1 to 2 feet at the rate of Rs.164/- per maria and of the low lying area upto the depth of 3 to 4 feet at the rate of Rs.146/- per maria and that of another low lying area of Block-D compensation was awarded at the rate of Rs.127/- per maria.
(3.) Being dissatisfied with the said award of the Land Acquisition Collector, the land-owners filed claim petitions under Section 18 of the Land Acquisition Act claiming compensation at the rate of Rs.70/- per square yard besides claiming compensation for loss of livelihood and tubewell etc. The Tribunal after relying on the relevant evidence led before it determined the compensation of the acquired land of the land-owners upto the depth of 50 karams for the main Pakhowal road at the rate of Rs. 600/- per maria whereas the remaining levelled land, compensation at the rate of Rs. 377/- per maria was awarded and for the low lying areas, the compensation of Rs. 262/- per maria was awarded. The land-owners were also held entitled to 30% solatium and additional amount of 12% per annum from the date of publication of the notice under Section 36 of the Punjab Town .Improvement Trust till the date of their dispossession or pronouncement whichever was earlier. The land-owners were also held entitled to interest. It is against this judgment that the land-owners as well as the Ludhiana Improvement Trust have filed the present writ petitions.;