WRIT PETITION 8639 of 1989 on 10 August 1987

JUDGMENT

This writ petition has been filed with a prayer to modify awarddated August 10, 1987, vide which compensation, for the acquired land, wasgranted to the petitioner at the rate of Rs. 8/- per square yard.

Heard counsel for the parties. It is apparent from the recordthat about 19 Kanals of land of the petitioner was sought to be acquired by issuing a Notification under Section 36 of the Punjab Town ImprovementAct, 1922 (in short 1922 Act) on September 16, 1969. Notification underSection 42 (2) of the 1922 Act was issued on March 7, 1972. The LandAcquisition Collector, Bhiwani, vide Award dated January 19, 1973, fixedmarket price of the land in question at Rs. 1.25 per square yard excludingcompensation for the structures. The petitioner was not satisfied. Hemoved an application under Section 18 of the Land Acquisition Act, 1894for enhancement of compensation, which was allowed by the Tribunalconstituted under the 1922 Act vide order dated August 10, 1987 andcompensation amount was enhanced to Rs. 8/- per square yard. Even thenthe petitioner was not satisfied. He came to this Court by filing this writpetition.

It is primary contention of counsel for the petitioner that theTribunal has not taken note of the potential value of the land underacquisition for its development towards commercial and residential use andfurther that the evidence produced was not appreciated properly especiallyjudgment passed by this Court ( Ex.P-21) on November 25, 1981, awardingcompensation for the adjoining land at the rate of Rs. 14/- per square yard.Madan Singh, Clerk, Improvement Trust (PW2) deposed that land issituated on Bhiwani Circular Road, next to the Adarsh College and oppositeto the Bus Stand. It was also so reiterated by Ghansham Dass (PW3) whohad been working in the Municipal Committee, Bhiwani. He hasspecifically stated that the land falls within the Municipal limits and issituated next to the General Bus Stand. To know the situation of land,which was subject matter of judgment dated November 25, 1989 (Ex. P-21), we passed the following order on August 31, 2010:

“At the time of arguments, to enhance compensation, reliancehas been placed upon a judgment of this Court, copy of whichis Ex. P-21.

It is contention of the counsel for the petitioner that the land,which was subject matter of judgment Ex. P-21, is situated inthe near vicinity of the land, which was subject matter ofacquisition in this writ petition.

To settle the equities, we deem it proper to direct theImprovement Trust to put on record site plan showing thesituation at the spot of the land, which is subject matter of thisacquisition and also situation of the land, which was subjectmatter of acquisition in judgments Ex. P-21 and Ex. P-7, whichare found mentioned in paragraph No. 25 of the impugnedAward.”

Site plan has been produced in Court today, which clearlyindicates that the land in dispute, in this case, is situated on the main roadand adjoins the land which was subject matter of judgment Ex. P-21 , whichis situated at its back side. The potential of the land in dispute, as persituation at the spot, is much more as compared to the land, which wasacquired by issuing a notification under Section 36 of the 1922 Act onMarch 12, 1973. It appears that the Tribunal has not relied upon thatinstance, to grant compensation because the land was acquired after about 3½ years from the date when land in dispute was acquired. Vide the CIVIL WRIT PETITION NO. 8639 OF 1989

judgment, mentioned above, the compensation of that land was enhanced toRs. 14/- per square yard. Taking note of the situation of the land in this caseand its proximity to the Bus Stand, and a College and also a fact that it issituated within the Municipal limits, we are of the view that thecompensation awarded is on the lower side. We propose to take note of thecompensation awarded vide judgment (Ex. P-21) dated November25,1989. In the said case, land was acquired 3 ½ years after the land in disputewas acquired. In view of that, we decide to deduct Rs. 4/- towardsescalation in prices in the meantime and grant Rs. 10/- per square yardtowards compensation in this case. The amount granted towards otherstatutory benefits by the Tribunal is maintained.

With above said modification, this writ petition stands disposedof. Respondent- Improvement Trust is directed to make payment of thecompensation amount within a period of two months.

( JASBIR SINGH )JUDGE

December 16 , 2010. DKC

(AUGUSTINE GEORGE MASIH)JUDGE