CWP No.9600 of 2006 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9600 of 2006 (O&M) Date of decision: 25.5.2011 Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala at Gurdaspur and others ......Respondent(s) CWP No.9599 of 2006 (O&M) Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CWP No.10216 of 2006 (O&M) Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CWP No.10217 of 2006 (O&M) Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CWP No.10218 of 2006 (O&M) Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CWP No.10241 of 2006 (O&M) Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CWP No.9600 of 2006 (O&M) 2 CWP No.10274 of 2006 (O&M) Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s). Mr. Parveen Goyal, Advocate for Improvement Trust, Batala. Mr. B.R. Mahajan, Advocate for the claimant-respondent. Rakesh Kumar Garg, J. This order will dispose of seven writ petitions i.e. CWP Nos.9600, 9599, 10216, 10217, 10218, 10241, 10274 of 2006, as similar orders have been passed by the Tribunal in all these cases which have arisen out of the same acquisition proceedings. The land of private respondents in these writ petitions was acquired under the provisions of Punjab Town Improvement Act, 1922 vide award dated 18.8.1982 passed by the Land Acquisition Collector. The said award was challenged by the land owners before the Land Acquisition Tribunal on the ground of inadequacy of compensation. The Tribunal vide its award dated 30.10.1998 held that the land owners were entitled to the market value of `1,000/- per marla. Besides this, the land owners were also held entitled to the statutory benefits in the following terms: “The aforesaid Principle of law makes it clear that the provisions of Section 23(1)(c) will operative prospectively and the petitioners are entitled to the interest and all other benefits availed u/s 23(1-A) of the Act. Therefore, all these petitioners are awarded the market price of the CWP No.9600 of 2006 (O&M) 3 land actually acquired and taken into possession by the respondent Improvement Trust Batala, at the rate of Rs.1000/- per marla. The claimants/petitioners are also entitled to 30% solatium on account of compulsory acquisition on the enhanced compensation. They are also entitled to the interest in view of the amended provisions of the Act at the rate of 12% per annum from taking possession of the land actually acquired and taken into possession till realization. The petitions are accepted with costs.” Similar award/order was passed by the Tribunal in land Reference No.15 of 1985 which was decided on 30.9.1999. It may be pertinent to mention at this stage that CWP No.4115 of 1999 filed by the Improvement Trust, Batala challenging award dated 30.10.1998 was dismissed on 26.3.1999 by this Court and market value of the land in question assessed at ` 1,000/- per marla was upheld. Thereafter, on an application made, the Tribunal vide orders Annexures P-1 and P-2 attached with these writ petitions modified the award dated 30.10.1998 and 30.9.1999 and the relief granted to the petitioners regarding statutory benefits, was modified holding that the land owners/claimants were entitled to the statutory benefits under Section 23 (2) and Section 28 of the Land Acquisition Act, 1894, as amended and further that the land owners were also entitled to the interest on the amount of solatium paid to them. In these writ petitions, the aforesaid two orders i.e. Annexures P-1 and P-2 are under challenge. Learned counsel for the petitioners is unable to point out any illegality in the aforesaid impugned orders. It is not in dispute that the Land Acquisition Collector has passed award in this case on 18.8.1982 whereas CWP No.9600 of 2006 (O&M) 4 the Amended Act No.68 of 1984 inserting the amended provisions of Section 23(1-A), 23(2) and 28 came into force w.e.f. 30.4.1982. In this view of the matter, no error can be found in the impugned orders. Dismissed. (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE May 25, 2011 ps CWP No.9600 of 2006 (O&M) 5 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.9599 of 2006 (O&M) Date of decision: 25.5.2011 Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s). Mr. Parveen Goyal, Advocate for Improvement Trust, Batala. Mr. B.R. Mahajan, Advocate for the claimant-respondent. Rakesh Kumar Garg, J. For orders, see CWP No.9600 of 2006 (Batala Improvement Trust, Batala Versus The Land Acquisition Tribunal, Batala at Gurdaspur and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE May 25, 2011 ps CWP No.9600 of 2006 (O&M) 6 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10216 of 2006 (O&M) Date of decision: 25.5.2011 Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s). Mr. Parveen Goyal, Advocate for Improvement Trust, Batala. Mr. B.R. Mahajan, Advocate for the claimant-respondent. Rakesh Kumar Garg, J. For orders, see CWP No.9600 of 2006 (Batala Improvement Trust, Batala Versus The Land Acquisition Tribunal, Batala at Gurdaspur and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE May 25, 2011 ps CWP No.9600 of 2006 (O&M) 7 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10274 of 2006 (O&M) Date of decision: 25.5.2011 Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s). Mr. Parveen Goyal, Advocate for Improvement Trust, Batala. Mr. B.R. Mahajan, Advocate for the claimant-respondent. Rakesh Kumar Garg, J. For orders, see CWP No.9600 of 2006 (Batala Improvement Trust, Batala Versus The Land Acquisition Tribunal, Batala at Gurdaspur and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE May 25, 2011 ps CWP No.9600 of 2006 (O&M) 8 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10217 of 2006 (O&M) Date of decision: 25.5.2011 Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s). Mr. Parveen Goyal, Advocate for Improvement Trust, Batala. Mr. B.R. Mahajan, Advocate for the claimant-respondent. Rakesh Kumar Garg, J. For orders, see CWP No.9600 of 2006 (Batala Improvement Trust, Batala Versus The Land Acquisition Tribunal, Batala at Gurdaspur and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE May 25, 2011 ps CWP No.9600 of 2006 (O&M) 9 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10218 of 2006 (O&M) Date of decision: 25.5.2011 Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s). Mr. Parveen Goyal, Advocate for Improvement Trust, Batala. Mr. B.R. Mahajan, Advocate for the claimant-respondent. Rakesh Kumar Garg, J. For orders, see CWP No.9600 of 2006 (Batala Improvement Trust, Batala Versus The Land Acquisition Tribunal, Batala at Gurdaspur and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE May 25, 2011 ps CWP No.9600 of 2006 (O&M) 10 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10241 of 2006 (O&M) Date of decision: 25.5.2011 Batala Improvement Trust, Batala ......Petitioner(s) Versus The Land Acquisition Tribunal, Batala etc. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: None for the petitioner(s). Mr. Parveen Goyal, Advocate for Improvement Trust, Batala. Mr. B.R. Mahajan, Advocate for the claimant-respondent. Rakesh Kumar Garg, J. For orders, see CWP No.9600 of 2006 (Batala Improvement Trust, Batala Versus The Land Acquisition Tribunal, Batala at Gurdaspur and others). (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE May 25, 2011 ps