Disposed

Dharam Pal Ahluwalia v. Land Acquisition Tribunal

Punjab & Haryana HC16 Aug 2010CWP/7911/1987

Case brief

AI extract

What is this about?

The court disposed of three writ petitions involving land acquisition compensation by following a prior Division Bench order (Smt. Vidya Wati case). The petitioner was directed to avail the same compensation awarded to claimants in that referenced judgment.

What did the court decide?

The petitioners shall be entitled to the same compensation as awarded to the claimants in the Smt. Vidya Wati case.

Dharam Pal Ahluwalia Vs Land Acquisition Tribunal — Landlord and Tenant | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P. No. 7911 of 1987

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Date of Decision : August 16, 2010.

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Shri Dharam Pal Ahluwalia

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...... Petitioner

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Versus.

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The Land Acquisition Tribunal, Khanna, Improvement Trust, Ludhiana, through its President and others.

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

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Present:Mr. O.P. Goyal, Senior Advocate, with, Ms. Kanwaljeet Kaur, Advocate, for the petitioner (in all cases).

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Mr. Sukhvir Singh, Advocate, for respondents.

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JASBIR SINGH, J. (ORAL).

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This Order shall dispose of three writ petitions, i.e., CWP No. 7911 of 1987, CWP No. 9103 of 1987 and CWP No. 9104 of 1987, involving common questions of law and fact.

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Petitioner’s land was sought to be acquired by issuing a notification under Section 36 of the Punjab Town Improvement Act, 1922 (in short ‘the Act’), for development of residential-cum-commercial centre on Smadhi Road, Khanna. After completion of the formalities, as are required under the Act, Award was passed by the Land Acquisition Collector on 14.08.1978 and compensation was assessed at the rate of Rs. 279 per marla. The petitioner filed an application under Section 18 of the Act and the Land Acquisition Tribunal, vide Award dated 22.10.1986 partly allowed claim of the petitioner and awarded compensation, for the land acquired, at the rate of Rs. 39 per sq. yd. for an area upto 26 feet depth from GT Road and for rest of the area, compensation was awarded at the rate of Rs. 26 per sq. yd. Hence, this writ petition.

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C.W.P. No. 7911 of 1987

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-2-

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Counsel for the parties are in agreement that the matter is squarely covered by the ratio a the Division Bench Judgment of this Court in the case of Smt. Vidya Wati (dead) through LRs Versus The Land Acquisition Tribunal, Khanna, and others (CWP No. 3427 of 1987, decided on 21.04.2009).

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In view of the abovesaid fact, we dispose of these writ petitions in terms of the Order passed in Smt. Vidya Wati’s case (supra). The petitioners shall also be entitled to the same compensation as awarded to the claimants, vide Order dated 21.04.2009.

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(JASBIR SINGH) JUDGE

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(AUGUSTINE GEORGE MASIH) JUDGE

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August 16, 2010. sjks.

Dharam Pal Ahluwalia v. Land Acquisition Tribunal

Case brief

What is this about?

What did the court decide?

Dharam Pal Ahluwalia v. Land Acquisition Tribunal

Case brief

What is this about?

What did the court decide?

What the court decided

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