CWP No. 5577 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5577 of 1990 Date of decision: 16.1.2009 Ludhiana Improvement Trust, Ludhiana ...Petitioner Versus President, Land Acquisition Tribunal and another ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Rupinder Khosla, Advocate for Ludhiana Improvement Trust. -.- ADARSH KUMAR GOEL,J. (Oral) 1. This petition has been filed by the Improvement Trust against the award dated 7.6.1987 passed by the Land Acquisition Tribunal under the provisions of the Punjab Town Improvement Act, 1922 (for short `the Act'). It is submitted that the date of award is 15.10.1986 which has been correctly mentioned in the index while in the body of the petition, date is wrongly mentioned as 7.6.1987. 2. As per averment in the petition, land of respondent No.2 was acquired in pursuance of notification dated 8.8.1976 under Section 36 of the Act. The Collector vide award dated 15.10.1986 determined compensation ranging from Rs. 180/- per marla to Rs.676/- per marla. On reference, the Tribunal awarded compensation ranging between Rs.17½ per square yard to Rs.39/- per square yard. Solatium at the rate of 30% and interest at the rate of 9% per annum for the first year and 15% thereafter was also awarded apart from additional compensation under Section 23(1-A) of the Land Acquisition Act, 1894. 3. We have heard the learned counsel for the petitioner. CWP No. 5577 of 1989 2 4. In the impugned order annexed to the writ petition, the facts mentioned do not tally with those mentioned in the writ petition. As per the impugned order, acquisition was in pursuance of notification dated 23.4.1961 under Section 36 of the Act for acquiring 807 acres of land and the Collector awarded compensation ranging from Rs.4/-per biswansi to Rs.45/- per biswansi. The Tribunal vide award dated 10.10.1969 enhanced the compensation against which C.W.P. No. 581 of 1970 was filed in this Court and matter was remanded to the Tribunal vide order dated 5.5.1981. Thereafter the Tribunal determined compensation at the rate of 8.00 per squard yard for plotted area and Rs.4.00 square yard for low lying area. 5. There is no ground of challenge in the petition with regard to the findings recorded by the Tribunal in the impugned order(Annexure P-1). The petition appears to have been filed without looking at the impugned order (Annexure P-1). 6. No case is, thus, made out for interference. The petition is dismissed. (ADARSH KUMAR GOEL) JUDGE 16.1.2009 (JITENDRA CHAUHAN) mk JUDGE