M.M.KUMAR,J. - (1.) THE instant petition filed under Article 226 of the Constitution prays for issuance of direction to the respondents to return the land in question to the petitioners which is alleged to have been taken over by the Jalandhar Improvement Trust-respondent No. 2 (for brevity 'the Trust') for implementation of 51.5 Acres Scheme at Jalandhar in the year 1971. The precise allegation is that the petitioners have been deprived of their land measuring 6 kanals 3 marlas falling in khasra No. 15547. The land was acquired by way of exchange vide agreement dated 3.3.1972 (Annexure P.1A) between the Trust and a number of other land owners which has been duly signed by the Trust and the petitioner - Rajinder Kalia son of Hargobind Kalia. The petitioner and his brother Narinder Kumar Kalia, however, acquired some proprietary rights in more land in July, 1973 out of khasra No. 155437 which was never part of exchange deed and accordingly the same could not be exchanged or purchased by negotiation by the Trust. Accordingly, the petitioner made a representation on 24.11.1978 seeking compensation of land comprised in khasra No. 155347 apart from land measuring 12 kanals 14 marlas. The petitioners claimed that in August, 1974 a resolution by the Board of Trustees was passed to offer the petitioners alternative land in respect of their land comprised in khasra No. 155347. As no alternative land has been allotted the petitioner has raised demand for alternative land and requested for payment of compensation in respect of 6 kanals 3 marlas land. The last para of the representation reads thus : "As we are no longer interested to get alternative land for the time being, we hereby withdraw our previous requests for that and instead request you to kindly give us compensation for the said area of 6 K-3 M at an early date and oblige. We are enclosing herewith a fard jamabandi for your ready reference. If adequate price as prevailing in the year 1974 is not paid to us, we shall be constrained to take appropriate legal measures."
(2.) SIMILAR representations were made on 10.2.1984 (Annexure P.4), 10.2.1992 (Annexure P.5) and 26.7.1993 (Annexure P.6). The respondent Trust intimated the petitioner on 4.10.1993 that their land was not acquired and no award was announced (Annexure P.7). However, the petitioner continued to make representations for payment of compensation (Annexures P.9, P9 A, P.10, P.11, P.12 and P.13). The matter was taken by the Executive Officer of the Trust on 31.10.2002 ( Annexure P.14) by addressing a letter to the Government wherein it was stated that a sub committee headed by the Deputy Commissioner for the District may be constituted. The report in respect of possession after the due approval of the Government may be sent to the Trust so as to make the payment of due compensation to the petitioners. Eventually, the Government passed an order which is subject matter of challenge in this case on 27.5.2008 concluding that the petitioner became owner of the land on 20.7.1973 when mutation No. 14312 dated 20.7.1973 was sanctioned on the basis of sale deed No. 7673 dated 13.7.1973. A development scheme known as 51.5 acre scheme was notified in the year 1965 and Shri Rajinder Kumar brother of Narinder Kalia was also the owner of the land measuring 6 kanals 11 marlas at the time of exchange deed dated 3.3.1972. The land of the petitioners Narinder Kumar and Rajinder Kumar sons of Hargobind Kalia was also acquired by a different six exchange deeds. Being fully aware of the development scheme, he purchased 6 kanals 3 marlas out of khasra No. 15547 on 13.7.1973. The trust did not challenge the mutation and finding no alternative it decided to pay compensation to the petitioner. The operative part of the order reads thus : "... The facts briefed by Jalandhar Improvement Trust is that the mutation was not challenged and there is no alternative but to accommodate the applicants by way of paying compensation @ Rs.330.00 per marla alongwith 12 percent interest and 30% solatium. The rate of compensation is justified by average rate calculated by the Land Acquisition Collector for the year 1973- 74. As on above, it is clear that contention to pay compensation @ 33.00 per marla is liable to be accepted alongwith 12% interest and 30% solatium. I have carefully gone through the PTI (Utilisation of land and allotment of plots) Rules 1983 alongwith presentation of the Trust. It is transpired that applicants become owner in the year 1973 and were aware about the development of scheme. On the other hand PTI Act (Utilisation of Land and Allotment of Plot) Rules, 1983 came into existence in the year 1983 and came into force in the year 1983. The contention of the applicant is to rely upon these rules is not justifiable. Hence portion of request for providing land cannot be considered and the same is declined. As on above decision, Jalandhar Improvement Trust be directed to pay the compensation @ Rs. 330 per marla from 20.7.1973 to till date alongwith 12% interest and 30% solatium. The applicants may be informed accordingly."
(3.) WE have heard learned counsel for the parties at a considerable length and have perused the paper book with their able assistance. A perusal of representation dated 24.11.1978 shows that the petitioners had handed over possession of the land to the Trust in good faith on the understanding that alternative plots were to be given to them. The representation further states that neither any alternative plot was given nor compensation was paid. It was further revealed by the petitioner that they were not interested in getting alternative plots for the time being and withdrew their previous requests in that behalf. Accordingly a request was made for payment of compensation for the area 6 kanals 3 marla. The adequate price as prevailing in the year 1974 was demanded. The Government in the impugned order has assessed the value of the property at the average rate calculated by the Land Acquisition Collector for the year 1973-74 which worked out at Rs. 330/- per marla. Accordingly compensation has been paid alongwith 12 percent interest accruing from 20.7.1973 till the date of payment. Thirty percent solatium has also been awarded to the petitioner.;