LexKHANNA IMPROVEMENT TRUST versus LAND ACQUISITION TRIBUNAL AND ORS.
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A KHANNA IMPROVEMENT TRUST r v. +- LAND ACQUISITION TRIBUNAL AND ORS. \- ~ JANUARY 18, 1995 B [K. RAMASWAMYAND N. VENKATACHALA, JJ.) Constitution of India-Art 226--Punjab Town improvement Act, 1922- ~. I ~ Sections 36 .and 41-Acquisition of land-Award of Compensatio~Belting of land made by Tribunal-Writ Petitio~High Court increasing belt- c ing-Compensation enhanced-Whether High Court was justified in interfering with belting made by Arbitrator in exercise or writ jurisdiction-Held, No. The Notification u/s 36 of the Punjab Town Improvement Act, 1922 was published for acquisition of certain land. The Land Acquisition Col- D lector awarded the market value@ Rs.1,88,731 per acre. On reference, the Tribunal enhanced the compensation to Rs. 307 per sq. upto a depth of 43 >-- ft. and at Rs. 205 per sq. yd. beyond 43 ft. The claimants filed the Writ Petition challenging the award of the Tribunal. The High Court while confirming_ the award of the Arbitrator changed the belting upto a depth of 50 ft. awarded to that land together with statutory benefits as applicable E under the Land Acquisition Amendment Act 68 of 1984 which was con- firmed in LPA. Hence this appeal. . ·' The appellants alleged that the High Court committed grievous error of law in interfering with the belting made by the Arbitrator and wrongly increased it to 50 ft. deptt. It was next contended that the High :-1-- F Court should not have granted additional interest and solatium. Allowing the appeal this Court HELD: 1.1. Under the Punjab Town Improvement Act, 1922, no right G of appeal is provided. Therefore, in exercise of the power under Article 226 of the Constitution, the High Court has to confine itself to correcting any ( ·error of jurisdiction committed by the authorities namely, the arbitrator ,.,. appointed under the Act and it cannot assume suo motu jurisdiction ~f the appellate court and attempt to correct every mistake assumed to have been committed by the Tribunal. In the instant case, the High Court had not H rested it conclusion on any factual foundation for increasing the belting 404 KHANNAIMPROVEMENTTRUSTv. LANDACQN. TBNL. 405 up~o a depth of 50 ft. for which the Tribunal had evidence before it. A -+ Therefore, the High Court was not justified in increasing the belting from 43 ft. to 50 ft. to enhance the compensation @ Rs. 307 per sq. yard. 1.2. The Award of the additional amount at 12% per annum on the enhanced compensation exercising the power. u/s 23 (1-A) of the Land Acquisition Amendment Act 68 or 1984 was illegal. I 406-G-H] B KS. Paripooman v. State of Kera/a, [1994) 5 SCC 593, relied on. 1.3. The Land Acquisition Amendment Act 68 of 1985 is made applicable to the acquisition made under the Punjab Town Improvement C Trust Act, 1922. Since the award of the Arbitrator was made on March 28, 1985 namely, after the Amendment had come into force, the claimants were entitled to the payment of solatium @ 30% and also interest for one year @ 9% from the date of award till date of taking possession, on the enhanced compensation. [407-B-CJ CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3867 of 1990 Etc. Etc. From the Judgment and Order dated 1.6.89 of the Punjab & Haryana High Court in L.P.A. No. 663 of 1989. R.K. Talwar and Goodwill Indeevar for the Appellant. Mrs. Purnima Bhatt Kale, Anant Palli and E.C. Agarwala for the respondents. The following Order of the Court was delivered : · The Notification under section 36 of the Punjab Town Improvement Act, 1922 was published in the Gazette on September 14, 1973 and a Notification under s.41 sanction of the Scheme was published on December D E F 3, 1975 for acquisition of the land in question of an extent of 29 Kanals 1-3/4 Marlas of the land. The Land Acquisition Collector in his award G dated February 24, 1977 awarded the market value@ Rs. 1,88,731 per acre. On reference, the Tribunal in its award dated March 28, 1985 enhanced the compensation to Rs. 307 per sq. yd. upto a depth of 43 ft. and beyond 43 ft. at Rs. 205 per sq. yd. Feeling aggrieved, the claimants filed the writ petition in the High Court. The learned Single Judge in C.W.P. No. 4309 H 406 SUPREME COURT REPORTS [1995} 1 S.C.R. A of 1985 & batch while confirming the award of the Arbitr~tor change~ the belting upto a depth of 50 ft. awarded to that land upto that extent together with statutory benefits as applicable under the Land Acquisition Amend-
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