KANWARJIT SINGH Vs. THE TRIBUNAL CONSTITUTED UNDER THE PUNJAB TOWNS IMPROVEMENT ACT, KAPURTHLA AND OTHERS

JUDGEMENT

(1.) THIS judgment of mine would dispose of Civil Writ Petition No. 2404 to 2406, 2407, 2408 and 3211 to 3215 of 1936 as they have been filed against the award of the Tribunal Annexure P 1 by which the claimants have been held entitled to the grant of Rs. 240/ - per marla by way of compensation with solatium at the rate of 30 per cent and interest at the rate of 9 per cent for one year from the date of possession and 15 per cent per annum thereafter. Few facts relevant to the controversy may be noted thus:

(2.) ON 13th November, 1975, notification under Section 32 of the Punjab Town improvement Trust Act ( hereinafter referred to as the 'Act') was issued by Respondent No. 4 for framing a development scheme for residential purposes for which land measuring 44.3 was acquired by the Kapurthala Improvement Trust, Kapurthala. The Collector, Land Acquisition, Kapurthala divided the land into three blocks for the purpose of evaluating the market value of the acquired land. On a reference having been made under Section 18 of the Land Acquisition Act, the Tribunal categorised the land into two blocks. The Award of the Tribunal was subjected to challenge in several writ petitions. This Court in Civil Writ Petition No. 2567 of 1979 and other connected matters set aside the Award of the Tribunal given at an early stage and remanded the cases for fresh decision on 24th September, 1979. The Tribunal vide its Award Annexure P. 1 assessed the market value of the acquired land at a flat rate of Rs. 250/ - per marla. Both the claimants and the Improvement Trust have filed several wit petitions which, as observed above, are being disposed of by this judgment.

(3.) MR . M.L. Sarin Advocate, learned Counsel for the claimants has argued that he is entitled to the benefit of Section 23(1 -A) of the Land Acquisition Act because the Award was given by the Tribunal after the amended provisions were brought on the statute -book. This point would also be gone into by the Tribunal.