RAM KARAN Vs. TRIBUNAL, IMPROVEMENT TRUST
LAWS(P&H)-2008-12-130
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 19,2008

RAM KARAN Appellant
VERSUS
Tribunal, Improvement Trust Respondents

JUDGEMENT

SURYA KANT, J. - (1.) THIS order shall dispose of Civil Writ Petition Nos. 2815, 4472, 4473 of 1987, 6180 and 6181 of 1989 as common questions of law and facts are involved in these cases. For brevity, the facts are being taken from CWP No. 2815 of 1987.
(2.) THE petitioner seeks quashing of the awards dated 11th February, 1987 [Annexures P-3 and P-41 passed by the Improvement Trust Tribunal, Ambala whereby the acquired land has been divided into three blocks "A", "B" and "C" and compensation @ Rs. 15/-, 12/- and 10/- per square yard has been fixed for each block respectively, besides holding the petitioner-claimants entitled to solatium @30% and interest @9% for the first year and @15% per annum till the actual payment of compensation amount. The petitioner was owner of land measuring 13 kanals 4 marlas comprised in Khasra Nos. 30, 31, 32, 33 and 35 situated in village Jhandli, Tehsil and District Ambala. The said land was decided to be acquired by the State Government for the Improvement Trust, Ambala City for the Improvement Trust Scheme No. 19 sanctioned on 30th March, 1971 along with other adjoining land of village Jhandli, total measuring 158 kanals 4 marlas [19.90 acres]. Notification under Section 36 of the Punjab Town Improvement Act, 1922 was published on 22nd October, 1974, followed by the notification under Section 42 of the Act published on 20th April, 1976. The Land Acquisition Collector gave his award on 18th April, 1978 dividing the entire land into three blocks and granted compensation for Block "A" @ Rs. 16,500/- per acre, [Rs. 3.41 per sq. yard], Block "B" @ Rs. 16,000/- per acre [Rs. 3.31 per square yard] and Block "C" @ Rs. 15,500/- per acre [Rs. 3.20 per square yard].
(3.) IT requires mention here that the acquired land was situated within the municipal limits ofAmbala City and was abutting the Old Delhi Road and was surrounded by Company Bagh Colony, Model Town and Kanshi Nagar Residential localities on the opposite; and Kartar Singh Nagar Colony on its Eastern side. The New Model Town colony and Prem Nagar were on the Western side of the acquired land, which was also in close proximity of the Sessions Court. On its back side, there is a railway line going to Delhi.;


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