Civil Revision No. 3525 of 2002 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 15.10.2009 [1] Civil Revision No. 3525 of 2002 Kapurthala Improvement Trust ......Petitioner Versus Punjab Wakf Board and others .....Respondents [2] Civil Revision No. 3526 of 2002 Kapurthala Improvement Trust ......Petitioner Versus Punjab Wakf Board and others .....Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: None for the petitioners. Shri S.K. Pipat, Senior Advocate, with Shri Ramndeep Singh, Advocate, for the respondent. HEMANT GUPTA, J. (Oral). This order shall dispose of Civil Revision Nos. 3525 and 3526 of 2002, as both these petitions raise common questions of law and facts. Civil Revision No. 3525 of 2002 [2] Challenge in the present petition is to the order passed by the learned Executing Court on 27.4.2002, whereby the amount of compensation was found to be payable by the petitioner, by rejecting the contention of the petitioner that statutory benefits as per the amended provisions of Sections 23(1-A); 23(2) and 28 of the Land Acquisition Act, 1894, are payable by the petitioner. The land measuring 76.02 kanals of the respondent-Wakf Board was acquired by the Improvement Trust (petitioner). The Land Acquisition Collector announced its Award on 30.1.1989 awarding a sum of Rs.700/- per marla as compensation excluding solatium and interest. However, in reference, the amount of compensation was enhanced to Rs.1100/- per marla vide decision of the Land Acquisition Tribunal dated 2.6.1999. Operative part of the order passed by the Tribunal reads as under:- “20. In view of the findings on the above issues, the reference is allowed with costs. The applicant-Punjab Wakf Board is entitled to claim compensation at the rate of Rs.1100/- per mala for the acquired land. Punjab Wakf Board shall also receive all the statutory benefits on the enhanced amount of compensation as per amended provisions of Section 23(1-A), 23(2) and 28 of the Land Acquisition Act. Counsel fee is assessed Rs.500/-. Memo of costs be prepared.” A dispute was raised in execution that the respondent is entitled to statutory benefits on the enhanced amount of compensation alone. The learned Executing Court has rejected the said contention Civil Revision No. 3525 of 2002 [3] relying upon the judgment of the Hon'ble Supreme Court in Sunder v. Union of India, AIR 2001 SC 3516. In Nagpur Improvement Trust v. Vasantrao and others, AIR 2002 Supreme Court 3499, the Hon'ble Supreme court has held that statutory benefits accruing as a result of amended of Sections 23(1-A); 23(2) and 28 of the Land Acquisition Act, 1894, are applicable to the acquisition under the Town Improvement Trust Act, as well. The challenge in the aforesaid case was also against the decision rendered by the Tribunal under the Town Improvement Trust Act. The manner of calculation of statutory benefits and the levy of interest on part payment of the decretal amount has been considered by the Hon'ble Supreme Court in Gurpreet Singh v. Union of India, 2006(8) Supreme Court Cases 457. In view of the aforesaid judgment of the Hon'ble Supreme Court, the impugned order passed by the Executing Court is set aside. The matter is remitted back to the Executing Court to re-calculate the amount of compensation payable by the petitioner, in accordance with the judgment of the Supreme Court in Gurpeet Singh's case (supra). Disposed of. [ HEMANT GUPTA ] JUDGE 15-10-2009 ds