IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11492 of 1988 Date of decision: 16.1.2009 Ludhiana Improvement Trust -----Petitioners Vs. Brij Bhushan and others --Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present: Mr. Rupinder Khosla, Advocate for Improvement Trust-Petitioner. Mr. G.S.Punia, Advocate for the land owners. Ms. Geeta Sharma, Advocate for the land owners in CWP Nos.9580 and 9581 of 1987. Adarsh Kumar Goel,J. 1. This order will dispose of 11 writ petitions being CWP Nos.9580, 9581 of 1987, 1744, 1745, 6576 of 1988, 5559, 5573, 5538, 2201 and 2209 of 1990. Out of these petitions, six petitions being CWP Nos.11492 of 1988, 5559, 5573, 2201, 2209 and 5538 of 1990 have been filed by Improvement Trust and the remaining have been filed by the land owners. CWP No.11492 of 1988 2. The Ludhiana Improvement Trust framed a scheme known as 13 acres for commercial-cum-residential purpose. In pursuance of the said scheme, land was acquired. Notification under section 36 of the Punjab Town Improvement Trust Act, 1922 (in short, ‘the 1922 Act’) which is in pari materia to section 4 of the Land Acquisition Act, 1894 (in short, ‘the 1894 Act’) was published on 13.7.1973. Notification under section 42 of the 1922 Act, which is in pari materia to section 6 of the 1894 Act was published on 28.7.1975. The Collector pronounced his award dated 3.2.1976 and determined compensation at the rate of Rs.635/- per marla (about Rs.21/- per square yard) for the levelled land and Rs.393/- per marla (about Rs.13/- per square yard) for the low lying area. On reference, the Tribunal under the provisions of the 1922 Act enhanced compensation to Rs.107/- per square yard for land upto the depth of 60 feet from Pakhowal-Ferozepur road at the rate of Rs.88/- for the remaining land and at the rate of Rs.50/- per square yard for the low lying area. 3. Some of the petitions came up for hearing before this Court earlier and this Court held that belting system was not justified. Accordingly, land owners were held to be entitled to compensation at the uniform rate of Rs.107/- per square yard. The Improvement Trust filed appeal before the Hon’ble Supreme Court 2 CWP No.11492 of 1988 being Civil Appeal No.7025 of 1996 (Ludhiana Improvement Trust v. Brijeshwar Singh Chhal and another etc.). The Hon’ble Supreme Court vide order dated 19.3.1996 held that belting was a fair principle to determine just and adequate compensation. Land abutting roads or developed area and interior land did not command the same market value. Land situated in low lying area would also command lesser market value. Accordingly, the Hon’ble Surpeme Court allowed the appeal and upheld the order of the Tribunal and determined compensation at the rate of Rs.50/- per square yard for the low lying land which was subject matter of consideration of the Hon’ble Supreme Court. The said judgment is reported in (1996) 9 SCC 188. 4. We have heard learned counsel for the Improvement Trust and learned counsel for the land owners in CWP Nos.9580 and 9581 of 1987 as well as learned counsel for the land owners, appearing for the respondents in the writ petitions filed by the Improvement Trust. 5. Since the Hon’ble Supreme Court upheld the award of the Tribunal, we are of the view that the writ petitions filed by the Improvement Trust as well as by the Land Owners have to be dismissed except on the question of additional compensation under section 23(1-A) of the 1894 Act. 3 CWP No.11492 of 1988 6. In view of judgment of the Hon’ble Supreme Court in in K. S. Paripoornan v. State of Kerala, AIR 1995 SC 1012, land owners will not be entitled to additional compensation under section 23(1-A) of the 1894 Act. 7. The writ petitions are, accordingly, disposed of with the above modification. (Adarsh Kumar Goel) Judge January 16, 2009 (Jitendra Chauhan) ‘gs’ Judge 4