IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.8671 of 1988(O&M) Date of decision: 17.05.2011 Baldev Singh …..Petitioner versus The Tribunal Improvement Trust Ambala City and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Pritam Saini, Advocate for the petitioner Mr.Mahavir Sandhu, Advocate for the respondents Jasbir Singh, J. (Oral) C.M. No.5816 of 2011 This application has been filed for restoration of CWP No.8671 of 1988, which was dismissed for non-prosecution on 7.1.2011. In this application, which is accompanied by an affidavit, it is stated that non- appearance on the date fixed, was not intentional. Accordingly, the application is allowed, order dated 7.1.2011 is recalled and writ petition stands restored to its original number. On request made by counsel for the parties, the same is taken up for disposal today itself. CWP No.8671 of 1988 This writ petition has been filed with a prayer to quash awards Annexure P1 and P2 dated 11.2.1987. It is apparent from the record that vide the impugned awards, compensation was assessed for the land of the petitioner, which was acquired by issuing a notification under Section 36 of the Punjab Town CWP No.8671 of 1988 Improvement Act, 1922 (in short, 1922 Act) on 22.10.1974, followed by another notification under Section 42 of the 1922 Act on 20.4.1976. Vide an award dated 18.4.1976, while assessing the market value of land, the Land Acquisition Collector divided the land into three blocks and assessed the market value @ Rs.16,500/- per acre (Rs.3.41 per square yard) for Block ‘A’, @ Rs.16,000/- per acre (Rs.3.31 per square yard) for Block ‘B’, @ Rs.15,500/- per acre (Rs.3.20 per square yard) for Block ‘C’. The land owners were not satisfied with the amount of compensation. They filed applications under Section 18 of the Land Acquisition Act, 1894 (in short, 1894 Act), before the President, Improvement Trust, Ambala City and vide the impugned award dated 11.2.1987, the belting system was upheld by the competent Court, however, the amount of compensation was enhanced to Rs.15/- per square yard for Block ‘A’, Rs.12/- per square yard for Block ‘B’ and Rs.10/- per square yard for Block ‘C’. The land owners were also held entitled to claim other statutory benefits as per law. Many land owners came to this Court by filing several writ petitions. The Improvement Trust also came to this Court with a prayer that the amount of compensation be reduced. The matter was taken up by this Court in CWP No.2815 of 1987 and vide order dated 19.12.2008, amount of compensation was further enhanced. Relevant portion of the order reads thus:- “For the reasons afore-stated, these writ petitions are allowed in part. While the landowners whose lands fall in Block “A” are held entitled to compensation @ Rs.38/- per square yard, those whose land falls in Block “B” are held entitled to compensation @ Rs.34/-, whereas those landowners whose lands fall in block “C” are held entitled to 2 CWP No.8671 of 1988 compensation @ Rs.28.50 per square yard. The petitioners shall also be entitled to solatium @ 15% per annum till actual payment thereof. Parties are, however, left to bear their own costs.” The Improvement Trust went in appeal, which was dismissed by passing an order in LPA No.1448 of 2009 on 23.2.2011. At the time of arguments, counsel for the respondent Improvement Trust failed to distinguish the judgments, referred to above. Counsel for the petitioner also failed to show as to how petitioner is entitled to get compensation more than the amount awarded by the learned Single Judge vide order dated 19.12.2008. In view of above, this writ petition is allowed, award dated 11.2.1987 is modified and compensation is enhanced to the extent as granted by the learned Single Judge in CWP No.2815 of 1987 vide order dated 19.12.2008. (Jasbir Singh) Judge 17.05.2011 (Rakesh Kumar Garg) gk Judge 3