Allowed

Gurbachan Singh and Ors. v. Amritsar Improvement Trust Amritsar and Ors.

Punjab & Haryana HC19 Dec 2011CWP/23047/2011

Case brief

AI extract

What is this about?

Single judge allowed this writ petition under Article 226, holding it squarely covered by a recent Division Bench judgment awarding enhanced compensation to land owners in Amritsar Improvement Trust land acquisition cases.

What did the court decide?

Directing the office to add a copy of the detailed Division Bench judgment dated 6.10.2010 along with the order and allowing the writ petition.

Gurbachan Singh and Ors. Vs Amritsar Improvement… — Land Acquisition | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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CWP No. 23047 of 2011

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Date of Decision: December 19, 2011

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Gurbachan Singh and others

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…Petitioners

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Versus

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Amritsar Improvement Trust Amritsar and another

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…Respondents

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CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

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HON’BLE MR. JUSTICE RAJIV NARAIN RAINA

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Present: Mr. Rajinder Sharma, Advocate, for the petitioners.

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Mr. Suvir Sehgal, Addl. AG, Punjab.

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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M.M. KUMAR, J.

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The award dated 22.12.2005 (P-1), passed by the President, Land Acquisition Tribunal, Amritsar Improvement Trust, Amritsar (for brevity, ‘the Tribunal’), disposing of a number of references under Section 18 of the Land Acquisition Act, 1894 (for brevity, ‘the Act’) including the one filed by the petitioners against the award dated 3.10.1973, passed by the Land Acquisition Collector, Amritsar Improvement Trust, is the subject matter of challenge in the instant petition filed under Article 226 of the Constitution. The petitioners have prayed that they be granted the same relief as has been given by this Court to the similarly situated persons in the case of Dr. Jagdev Inder Singh v.

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CWP No. 23047 of 2011

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The President, Land Acquisition Tribunal, Amritsar and others (CWP No. 7977 of 2006, decided on 6.10.2010) and various other connected petitions.

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It is pertinent to notice that against the impugned award dated 22.12.2005, passed by the Tribunal, a number of writ petitions including CWP No. 7977 of 2006 (Dr. Jagdev Inder Singh v. The President, Land Acquisition Tribunal, Amritsar Improvement Trust, Amritsar and others) were filed before this Court. In the said bunch of petitions, some of the writ petitions were preferred by the land owners claiming enhanced compensation whereas others were preferred by the respondentAmritsar Improvement Trust, Amritsar, challenging the award with a prayer for reducing the amount of compensation. All the petitions were clubbed together and disposed of by the Division Bench vide judgment dated 6.10.2010 rendered in the case of Dr. Jagdev Inder Singh (supra) . The Division Bench after adjudicating the controversy in detail allowed the writ petitions preferred by the claimants-land owners. They were held entitled to a compensation of `18.50/- per square yard in respect of the acquired land and all the statutory benefits. The other set of writ petitions preferred by the Improvement Trust were dismissed.

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Learned State counsel has not been able to point out any distinguishing feature or contrary law in the present case. 4. In view of above, we are of the considered view that the instant petition is squarely covered by the Division Bench of this Court rendered in the case of Dr. Jagdev Inder Singh (supra) . Accordingly, the present writ petition is allowed in terms of the

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CWP No. 23047 of 2011

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Division Bench judgment dated 6.10.2010 rendered in the case of Dr. Jagdev Inder Singh (supra) . The office is directed to add a copy of the detailed judgment dated 6.10.2010 along with this

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order.

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The writ petition stands disposed of in the above

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terms.

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(M.M. KUMAR) JUDGE

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(RAJIV NARAIN RAINA) December 19, 2011 JUDGE PKapoor

Gurbachan Singh and Ors. v. Amritsar Improvement Trust Amritsar and Ors.

Case brief

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Gurbachan Singh and Ors. v. Amritsar Improvement Trust Amritsar and Ors.

Case brief

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