IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2293 of 1990 Date of decision: 15.1.2009 Ludhiana Improvement Trust, Ludhaina -----Petitioner Vs. President, Land Acquisition tribunal and others --Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present: Mr. Sukhbir Mattewal, Advocate for the petitioner- Improvement Trust. Mr. Arun Palli, Sr. Advocate with Mr. Jai Bhagwan, Advocate for respondent No.2. Adarsh Kumar Goel,J. 1. This petition has been filed by the Improvement Trust against order dated 6.8.1986 passed by the Land Acquisition Tribunal, Ludhiana Improvement Trust, Ludhiana. 2. Land of respondent No.2 was covered by acquisition vide notification dated 8.6.1973 under section CWP No.2293 of 1990 36 of the Punjab Town Improvement Act, 1922 (in short, ‘the Act’) followed by notification dated 26.7.1974 under section 42 of the Act. The Collector rendered award. The Tribunal disposed of the reference on 14.6.1986 enhancing the compensation. Thereafter, respondent No.2 filed an application for review seeking enhanced interest and solatium and also additional compensation in terms of amended provisions of Act 68 of 1984. The Tribunal allowed the said application vide impugned order dated 6.8.1986 and held that respondent No.2 will be entitled to higher interest and solatium as per amended Act and also be entitled to additional compensation under section 23(1- A) of the Act inserted by the said amendment. 3. Learned counsel for the petitioner points out that having regard to the fact that the award of the Collector was prior to 30.4.1982, additional compensation was not payable to respondent No.2, in view of judgment of the Hon’ble Supreme Court in K. S. Paripoornan v. State of Kerala, AIR 1995 SC 1012. 2 CWP No.2293 of 1990 4. Learned counsel for respondent No.2 is unable to dispute the above legal position. 5. Accordingly, this petition is partly allowed and impugned order is modified by directing that respondent No.2 will not be entitled to additional compensation under section 23(1-A) of the Act. (Adarsh Kumar Goel) Judge January 15, 2009 (Jitendra Chauhan) ‘gs’ Judge 3