IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.1259 of 2009 (O&M) Date of decision: 19.5.2010 Swaran Singh & another. -----Appellants Vs. The President, Tribunal, Gurdaspur Improvement Trust & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. P.S. Goraya, Advocate for the appellants. Mr. J.S. Toor, Advocate for respondents No.1 & 2. --- ORDER: 1. Delay condoned. Heard on merits. 2. This appeal has been preferred against order of learned Single Judge in the writ petition arising out of proceedings for determination of market value as compensation in view of acquisition of land of the appellants. 3. The land in question was acquired in pursuance of notification dated 31.10.1986 under Section 36 of the Punjab Town Improvement Act, 1922 (for short, “the Act”). The same is within the Municipal limits of Gurdaspur City and is surrounded by LPA No.1259 of 2009 National Highway, Gurdaspur to Amritsar, on one side and State Highway, Kalanaur Road, on the other side and is also close to main commercial market of Gurdaspur City (as noticed in para 4 of the impugned judgment of learned Single Judge). 4. The land Acquisition Collector determined compensation vide award dated 25.10.1989 @ Rs.470/- per marla i.e. Rs.15.65 per square yard, which was enhanced by the Tribunal vide award dated 16.12.1999 to Rs.16.66/- per square yard. 5. The land owners filed writ petitions in this Court and submitted that the relevant evidence led by the claimants disclosed the market value of the land to be much higher. 6. Learned Single Judge allowed the writ petition to the extent of enhancement of compensation to Rs.35/- per square yard, against which, L.P.A. No.1128 of 2009 Improvement Trust, Gurdaspur v. Kiran Bajwa & others was filed by the Improvement Trust, which was dismissed by this Court vide order dated 24.2.2010, upholding the view taken by learned Single Judge. 7. Present appeal, preferred by the land owners, is for further enhancement on the ground that they should have been awarded compensation at the rate at which they themselves purchased the land prior to acquisition, which amount was higher. 8. Notice was issued. We have heard learned counsel for the parties. 2 LPA No.1259 of 2009 9. Learned counsel for the appellants relies upon judgment of the Hon’ble Supreme Court in Smt Shakuntalabai and Others v. State of Maharashtra (1996) 2 SCC 152, wherein it was held:- “5.......In State of M.P. v. Santabai Ors., (C.A. No.2844/84) and Salgaonkar v. Union of India (C.A. No.3800/89 decided on 11.1.1990), this Court had accepted the principle that when the owner himself has purchased the land under acquisition, the consideration mentioned in the sale deed would form the basis to determine the market value.......” 10. Learned counsel for the Trust is unable to dispute the applicability of judgment of the Hon’ble Supreme Court, referred to above. 11. Accordingly, this appeal is allowed and the appellants are held entitled to enhanced compensation equal to the amount for which they purchased the land vide sale deed Annexures P-2 and P-3. The appellants will also be entitled to other statutory benefits in accordance with law. ( ADARSH KUMAR GOEL ) JUDGE May 19, 2010 ( ALOK SINGH ) ashwani JUDGE 3