Punjab-Haryana High Court
Amritsar Improvement Trust vs Presiding Officer on 15 February, 2012
Author: Hemant Gupta
Bench: Hemant Gupta, A.N. Jindal
IN THE HIGH COURT OF PUNJAB AND HARAYANA AT
CHANDIGARH
CWP No. 2765 of 2012
Date of Decision: 15.2.2012
Amritsar Improvement Trust, Amritsar ....Petitioner
Versus
Presiding Officer, Land Acquisition Tribunal, Amritsar
Improvement Trust, Amritsar and others ....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE A.N. JINDAL
Present: Shri G.S. Attariwala, Advocate, for the petitioner.
HEMANT GUPTA, J.
This order shall also dispose of CWP Nos. 2766, 2767, 2768, 2769, 2770, 2771, 2772, 2773, 2774, 2775, 2776, 2777, 2778, 2779, 2780, 2781, 2782, 2783, 2784, 2785, 2786, 2787, 2788, 2789, 2790, 2791, 2792, 2793, 2794, 2795, 2894 and 2895 of 2012.
The challenge in the present writ petition is to the Award rendered by the Land Acquisition Tribunal, Amritsar, on 31.3.2009 (Annexure P.2), in respect of the acquisition of the land measuring 97.5 acres situated opposite Guru Nanak Dev University, Amritsar, under the scheme framed by the Improvement Trust.
The acquisition proceedings were initiated with the publication of a notification under Section 36 of the Punjab Town Improvement Act (for short `the Act') on 10.9.1971, followed by notification under Section 41 of the Act on 19.9.1973. The Land CWP No. 2765 of 2012 (
2) Acquisition Collector announced the Award on 19.3.1979. The land was bifurcated into three parts. Category-A land measured 157 kanals 5 marlas i.e. the land abutting GT Road upto maximum depth of 60 karams. In respect of the said land compensation has been awarded @ Rs.192/- per marla, excluding the land measuring 23 kanals 15 marlas, stated to be low lying area, for which compensation was awarded @ Rs.96/- per marla. Category-B land measured 42 kanals, which was abutting Surat Singh Road for which compensation @ Rs.176/- per marla was awarded, excluding the land measuring 9 kanals 3 marlas for which compensation @ Rs.88/- was awarded. In respect of the remaining land, 290 kanals 11 marlas, flat rate of compensation @ Rs.160/- was awarded.
Aggrieved against the Award of the Land Acquisition Collector, the landowners sought references, which have been decided by the Land Acquisition Tribunal, by the order impugned in the present writ petition. The learned Tribunal has held that no sale instance of comparable land has been produced in respect of the land acquired of the revenue estate Ghanupur Kale. In view of the said fact, the Tribunal has not granted any enhancement in the compensation in respect of the land situated within the said revenue estate. In respect of the land acquired of the revenue estate of Kot Khalsa, the Tribunal has relied upon the sale deeds Exhibit A.6 dated 26.2.1971 and Exhibit A.8 dated 28.7.1969, whereby land measuring 9-1/2 marlas each was sold for a consideration of Rs.3000/-. By applying deduction of 20% from the sale consideration on account of acquisition of large chunk of land, the Tribunal awarded Rs.250/- per marla as compensation for the entire acquired land situated in the revenue estate of Kot Khalsa.
We have heard learned counsel for the petitioner, but do not find any merit in the present writ petition.
CWP No. 2765 of 2012 (
3)
The Tribunal has relied upon the sale instances, which are prior to publication of notification under Section 36 of the Act and are part of the acquired land. Therefore, the Tribunal has rightly relied upon such sale instances and made deduction of 20% of such sale consideration on account of acquisition of large chunk of land.
We do not find that there is any illegality or irregularity in the order passed by the learned Tribunal, which may warrant interference by this Court in exercise of its writ jurisdiction.
Hence, the present writ petition is dismissed.
(HEMANT GUPTA)
JUDGE
15.2.2012 (A.N.JINDAL)
ds JUDGE