BIMLA RANI Vs. LAND ACQUISITION TRIBUNAL, KAPURTHALA
LAWS(P&H)-2007-8-75
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 10,2007

BIMLA RANI Appellant
VERSUS
Land Acquisition Tribunal, Kapurthala Respondents

JUDGEMENT

RAJIVE BHALLA, J. - (1.) THIS order shall dispose of CWP Nos. 9162 of 1987, 1340 of 1988, 1800 of 1990 and 8697 of 1987, as they impugn the award, dated 5.5.1987, passed by the Land Acquisition Tribunal, Kapurthala, under the Punjab Town Improvement Act, 1940 (for short hereinafter referred to as "the Act"). CWP Nos. 9162 of 1987, 1340 of 1988 and 1800 of 1990 have been filed by the land owners, whereas CWP No. 8697 of 1987 has been filed by the Improvement Trust, Phagwara.
(2.) THE State of Punjab issued a notification, under Section 36 of the Act, dated 1.8.1975, proposing to acquire 76 acres of land for development scheme for residential and commercial purposes in Phagwara town. Vide notification, dated 27.10.1976, issued under Section 42 of the Act, the scheme was sanctioned and 76 acres of land was acquired. The Land Acquisition Collector pronounced his award on 27.1.1977. He divided the acquired land into five blocks, A, B, C, D and E and assessed compensation as follows :- "Rs. 407/- per marla for block A, Rs. 376/- per marla for block B, Rs. 313/- per marla for block C, Rs. 250/- per marla for block D and Rs. 156/- per marla for block E." Asserting that the amount awarded was paltry and did not reflect the true market value of the acquired land, the land owners filed references before the Collector claiming enhancement of compensation. The references were forwarded to the Land Acquisition Tribunal. The land owners, as also the Improvement Trust led evidence, before the Tribunal, the former for the purpose of enhancement and the latter in support of the award, passed by the Collector. The Tribunal, vide the impugned award, accepted the references and enhanced the market value in the following terms :- "Block A Rs. 1,400/- per marla. Block B Rs. 1,200/- per marla. Block C Rs. 1,000/- per marla. Block D Rs. 800/- per marla. Block E Rs. 350/- per marla.
(3.) THE Tribunal also held that the land owners were entitled to solatium @ 30% on the enhanced compensation and interest @ 12% per annum on the enhanced amount of compensation from the date of award till its realization.;


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