CWP No. 16282 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16282 of 2010 Date of decision: 11.11.2010 Thakur Dwara Shri Krishan Ji Maharaj ….. PETITIONER VERSUS State of Punjab and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. M.S.Joshi, Advocate, for the petitioner. Mr. Manohar Lall, Addl. A.G. Punjab. Mr. G.S.Attariwala, Advocate, for respondent No. 2. *** Jasbir Singh, J. (Oral) In this writ petition, it is grievance of the petitioner that to decide an application, for enhancement of compensation filed by the petitioner, the State Government has failed to appoint President of the Land Acquisition Tribunal, Improvement Trust, Barnala and also an Assessor, under the provisions of Punjab Town Improvement Act, 1922 (for CWP No. 16282 of 2010 2 short 'the Improvement Act'). On 14.10.2010, following order was passed by this Court:- “ Written statement on behalf of respondent No. 2 filed in the Court today and the same is taken on the record. Application filed by the petitioner to enhance compensation is pending since from the year 2007. Term of District and Sessions Judge, Sangrur, to act as Land Acquisition Tribunal, Barnala, under the Improvement Trust Act, 1922, has already expired. Fresh Tribunal has not been constituted as per Rules. It is very serious inaction on the part of the authorities. Many land owners have come up with the prayer for grant of compensation. Authorities are sleeping over it and notification for constituting the Tribunal has not been issued for the last many months. Under the circumstances, it was expected that instead of asking for time to file reply, authorities should have issued a notification to constitute the Tribunal. Reply has not been filed on behalf of respondents No. 1 and 3. A request has been made again for filing the same. On request, adjourned to 11.11.2010. If there is no legal hitch authorities are directed to constitute the Tribunal (the President and Assessors) before the next date of hearing. If not done, Principal Secretary, Department of Local Department, shall come present in Court to explain the position. Copy of this order be given to learned State counsel, under the signatures of Court Secretary.” CWP No. 16282 of 2010 3 In response thereto, a notification dated 09.11.2010 (copy of which has been placed on record) has been issued to extend term of President of the Tribunal and to appoint one Assessor as per provisions of the Improvement Act. Second Assessor is to be appointed by the Municipal Committee. This writ petition is disposed of and a direction is issued to the Municipal Committee, Barnala to appoint the second Assessor in terms of the provisions of Section 60 of the Improvement Act. The petitioner is directed to supply copy of this order to the Executive Officer, Municipal Committee, Barnala, forthwith. The President, whose term has been extended, if the forum is complete, shall proceed further to hear the pending application, within a period of four weeks' from the date of receipt of a copy of this order. Copy of the order be given dasti to counsel for the parties under signatures of the Court Secretary of this Court. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE November 11, 2010 pj