An application to dispose the writ petition in view of a Division Bench judgment in Mala's case. The court recapped the compensation award and held the dispute covered by the prior ratio.
Application allowed; writ petition taken on board and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.7776 of 2010(O&M) Date of decision: 10.03.2011
Improvement Trust, Hoshiarpur and another
…..Petitioners
versus
State of Punjab and others
……Respondents
CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg
Present: Mr.Rajeev Anand, Advocate for the petitioners
Jasbir Singh, J. (Oral)
C.M. No.17182 of 2010 in / and CWP No.7776 -2010
This application has been filed by the petitioners with a prayer that the writ petition be disposed of in terms of an order passed by a Division Bench of this Court in Mala v. the State of Haryana and others, CWP No.20433 of 2009, decided on 17.8.2010 . Application is accompanied by an affidavit of Chairman of the petitioner-Improvement Trust.
The land under acquisition was situated in two villages. By filing this writ petition, the petitioners have laid challenge to an award passed by the Land Acquisition Tribunal, Improvement Trust at Hoshiarpur on 17.4.2003, awarding under-mentioned compensation to the land owners:-
| Name of | Kind of land | Rate | s awarded by | Enhanced | |
|---|---|---|---|---|---|
| village | the | Collector per | market | rates | |
| marl | a | assessed | by the | ||
| Court per | marla |
2
Civil Writ Petition No.7776 of 2010(O&M)
| Purhira n |
Cha | hi | Rs.668.75 | Rs.1337.50 |
|---|---|---|---|---|
| Rem all lan |
aining kind of d |
Rs.687.50 | Rs.1375.00 | |
| Sutehri | All lan |
kind of d |
Rs.714.30 | Rs.1428.60 |
The land owners were also held entitled to all statutory benefits available to them as per the provisions of the Land Acquisition Act, 1894.
Against the above said award, the Improvement Trustpetitioner has filed many writ petition, including this petition. In the same manner, land owners also came to this Court with a prayer that the compensation granted to them be enhanced. Both sets of the writ petitions were decided vide the judgment passed in Mala’s case (supra) . Writ petitions filed by the Improvement Trust – petitioners were dismissed, whereas the writ petitions filed by the land owners were allowed and the compensation was enhanced to Rs.2400/- per marla along with all statutory benefits.
In view of a fact that the dispute in this writ petition is squarely covered by the ratio of judgment in Mala’s case (supra), this application is allowed, writ petition is taken on board for disposal and is dismissed accordingly.
(Jasbir Singh) Judge
10.03.2011 (Rakesh Kumar Garg) gk Judge
2 issues framed by the court
Whether the present application involving the same dispute covered by the judgment in Mala's case warrants granting relief against the award of the Land Acquisition Tribunal.
Whether the writ petition filed by the Improvement Trust against the award by the Tribunal be dismissed in terms of the previous judgment.
Colour shows how this judgement treated each authority
Mala v. the State of Haryana and othersFollowed¶19
Mala v. the State of Haryana and others, CWP No.20433 of 2009
Improvement Trust, Hoshiarpur
State of Punjab
Jasbir Singh
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
