C.M. No.1014 of 2009 and -1- LPA No.362 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.1014 of 2009 and LPA No.362 of 2009 Date of decision: 29.4.2010 Punjab Wakf Board ............Appellant Versus Jalandhar Improvement Trust and another .........Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Vivek Sethi, Advocate for the appellant. ALOK SINGH, J. C.M. No.1014 of 2009 For the reasons mentioned, application is allowed and delay of 4 days in filing the appeal is condoned. LPA No.362 of 2009 1. In the present appeal, order impugned is dated 6.11.2008 passed by learned Single Judge of the Court in CWP No.9796 of 1987, thereby allowing the writ petition filed by the Jalandhar Improvement Trust by holding that claimant shall not be entitled to C.M. No.1014 of 2009 and -2- LPA No.362 of 2009 additional amount @ 12% of the market value under Section 23(i)A of the Land Acquisition Act. 2. Brief facts of the present case are that Government of Punjab vide notification dated 16.9.1975 issued under Section 42 of the Punjab Town Improvement Trust Act, 1922, approved the scheme prepared by the Jalandhar Improvement Trust for widening of a street and for that purpose, land measuring 2.5 acres was acquired; The Land Acquisition Collector, Jalandhar Improvement Trust vide his award dated 10.04.1977, awarded compensation @ Rs.142/- per marla as also the solarium @ 15%; Reference was made under Section 18 of the Land Acquisition Act against the award dated 10.04.1977; Learned Tribunal assessed the compensation and fixed market value of the land @ Rs.625/- per marla; However, learned Tribunal has also awarded additional amount @ 12% on the market value under Section 23(i)A of the Land Acquisition Act. 3. Learned Single Judge while placing reliance on the judgment of the Hon'ble Apex Court in the matter of Nagpur Improvement Trust Vs. Vasantrao and others reported in 2002(4) RCR (Civil) 551 has held that since award was passed prior to the year 1982, hence, benefit of Section 23(i)A of the Land Acquisition Act can not be extended in the present case. 4. We have heard learned Counsel for the appellant and perused the record. 5. Undisputedly, award was passed on 10.04.1977. Since, award was passed prior to the year 1982, hence, provision of Section C.M. No.1014 of 2009 and -3- LPA No.362 of 2009 23(i)A of the Land Acquisition Act has no application as held by the Hon'ble Apex Court in the matter of Nagpur Imrovement Trust (supra). 6. The appeal is devoid of merit, hence, is dismissed. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 29th April, 2010 JUDGE ashish