CWP No.4697 of 2010 & other connected cases 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1. CWP No.4697 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 2. CWP No.4698 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 3. CWP No.4699 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 4. CWP No.4700 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 5. CWP No.4701 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 6. CWP No.4702 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 7. CWP No.4703 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus CWP No.4697 of 2010 & other connected cases 2 Land Acquisition Tribunal, Amritsar and others ...Respondents 8. CWP No.4704 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 9. CWP No.4705 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 10. CWP No.4706 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 11. CWP No.4707 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 12. CWP No.4708 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 13. CWP No.4709 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 14. CWP No.4710 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents CWP No.4697 of 2010 & other connected cases 3 15. CWP No.4711 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 16. CWP No.4712 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 17. CWP No.4713 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 18. CWP No.4714 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents 19. CWP No.4715 of 2010 Amritsar Improvement Trust, Amritsar ....Petitioner Versus Land Acquisition Tribunal, Amritsar and others ...Respondents Date of Decision: 22.3.2010 CORAM:- HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR. Present: Mr.G.S.Attariwala, Advocate for the petitioner. ASHUTOSH MOHUNTA, J. (ORAL) This order shall dispose of the aforesaid 19 petitions as the common question of law and facts are involved in the same. The Amritsar Improvement Trust, Amritsar has passed the CWP No.4697 of 2010 & other connected cases 4 impugned award dated 17.3.2009 (Annexure P2), vide which, the compensation for the acquired land of the private respondents was enhanced from Rs.50/- to Rs.312.50 P per marla. The facts of these cases are that the Amritsar Improvement Trust, Amritsar, vide notification dated 26.6.1970 issued under section 36 of the Punjab Town Improvement Act, 1922 (for short “the Act”) acquired 92.7 acres of land known as New Grain Market. Thereafter, vide notification dated 25.1.1973, the State of Punjab had notified the said scheme under section 41 of the Act. On 23.4.1973, notice under section 9 (1) and (3) of the Land Acquisition Act, 1894 was issued to the landowners. Ultimately, after completion of all the formalities and leading evidence, the Land Acquisition Collector, Improvement Trust, Amritsar, vide its award dated 25.8.1975 (Annexure P1) determined the compensation of the acquired land at Rs.50/- per marla. Aggrieved by the award (Annexure P1), the landowners filed references before the Land Acquisition Tribunal, Amritsar, who, vide its award (Annexrue P2) enhanced the compensation from Rs.50/- to Rs.312.50P per marla. Learned counsel for the petitioner has argued that the Tribunal, while enhancing the compensation, has taken into consideration only one sale deed and hence the compensation has not been determined fairly. As per the sale deed, copy of which is Ex.A22/1, the average price of the acquired land comes to Rs.6250/- per kanal and on the basis of the same, the compensation at the rate of Rs.312.50 per marla was awarded. The land sold, vide Ex.A22/1, was near to the acquired land and the same was relevant piece of evidence, which was relied upon by the Tribunal. After going through the award passed by the Tribunal, we find that the land, which was subject matter of the sale deed Ex.A22/1, was very much near to the acquired land i.e. 14 kanals, which was sold by one CWP No.4697 of 2010 & other connected cases 5 Bhagwan Singh to the Amritsar Co-operative Marketing Society Limited, Amritsar for a consideration of Rs.87,500/-. Therefore, the Tribunal has rightly determined the compensation. Apart from the above, the land acquired was within the Amritsar Municipal area and in fact the compensation awarded could be on the lower side. Moreover, the land located in Sultan Wind Urban area had not been given any enhancement by the Tribunal. In view of the above, we find no ground to interfere with the impugned award of the Tribunal and accordingly, these writ petitions are dismissed. (ASHUTOSH MOHUNTA) JUDGE 22.3.2010 (MEHINDER SINGH SULLAR) AS JUDGE