Dismissed

Improvement Trust Hoshiarpur and Anr. v. State of Punjab etc.

Punjab & Haryana HC10 Mar 2011CWP/8602/2010

Case brief

AI extract

What is this about?

Single Judge Bench held that the dispute in the current writ petition concerning land acquisition compensation was squarely covered by the ratio of the Division Bench judgment in Mala v. the State of Haryana and others. Consequently, the application to dispose of the writ petition following that judgment was allowed.

What did the court decide?

Application allowing disposal of the writ petition in terms of the earlier judgment in Mala's case was granted; the writ petition was dismissed.

Improvement Trust Hoshiarpur and Anr. Vs State of… — Land Acquisition | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.8602 of 2010(O&M) Date of decision: 10.03.2011

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Improvement Trust, Hoshiarpur and another

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…..Petitioners

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versus

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State of Punjab and others

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……Respondents

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CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg

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Present: Mr.Rajeev Anand, Advocate for the petitioners

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Jasbir Singh, J. (Oral)

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C.M. No.17161 of 2010 in / and CWP No.8602-2010

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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.

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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:-

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Name of	Rate	s awarded by	Enhanced
village	the	Collector per	market	rates
	marl	a	assessed	by the
			Court per	marla

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Civil Writ Petition No.8602 of 2010(O&M)

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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

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The land owners were also held entitled to all statutory benefits available to them as per the provisions of the Land Acquisition Act, 1894.

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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.

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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.

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(Jasbir Singh) Judge

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10.03.2011 (Rakesh Kumar Garg) gk Judge

Improvement Trust Hoshiarpur and Anr. v. State of Punjab etc.

Case brief

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Improvement Trust Hoshiarpur and Anr. v. State of Punjab etc.

Case brief

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