IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.4296 of 1987 Date of decision: 12.2.2009 Satish Chander. -----Petitioners Vs. Improvement Trust, Jind and others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present:- Mr. Harbhagwan Singh, Sr. Advocate with Mr. Amit K. Singh, Advocate for the petitioner. Mr. Raj Kumar Gupta, Advocate for respondent No.1. Ms. Palika Monga, AAG, Haryana. ----- ORDER: 1. This petition seeks quashing of award dated 16.9.1985, Annexure P-5 rendered by the Tribunal under the provisions of Punjab Town Improvement Act, 1922 (for short, “the Act”). Claim is for higher compensation. 2. Case of the petitioner is that his land was acquired for Scheme No.19 prepared by the Improvement Trust, Jind under the provisions of the Act. The measurement of the land was not correctly made and compensation was determined by the Collector vide award C.W.P. No.4296 of 1987 dated 31.3.1977, against which, the petitioner preferred a reference before the Tribunal, which was decided on 16.9.1985. The land acquired was 3236 ¾ square yards, but compensation was given only for 1574 ¾ square yards. 3. This stand has been opposed by the Improvement Trust. In its reply, it has stated that the petitioner has already sold a part of the land before acquisition and thus, compensation was paid for the land which was acquired. 4. Only prayer made at the time of hearing is that solatium and interest have to be paid as per Amending Act, 68 of 1984, amending the provisions of the Land Acquisition Act, 1894, which are also applicable to acquisition under the provisions of the 1922 Act. Reliance has been placed on judgment of the Hon’ble Supreme Court in Nagpur Improvement Trust v. Vasantrao 2002(7) SCC 657. 5. We find merit in this submission. The petitioner is certainly entitled to higher solatium and interest, the award of the Tribunal being dated 16.9.1985 i.e. after the amendment. 6. Accordingly, the writ petition is partly allowed. The petitioner will be entitled to solatium @ 30% and interest @ 9% per annum for one year from the date of dispossession and 15% per annum, thereafter. 6. The petition is disposed of accordingly. ( ADARSH KUMAR GOEL ) JUDGE February 12, 2009 ( JITENDRA CHAUHAN ) ashwani JUDGE 2