Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India-Art 226--Punjab Town improvement Act 1922- Sections 36 .and 41 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India-Art 226--Punjab Town improvement Act, 1922- Sections 36 and 41-Acquisition of land-Award of Compensation - Belting of land made by Tribunal-Writ Petition -High Court increasing belting-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 Collector 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 under the Land Acquisition Amendment Act 68 of 1984 which was confirmed 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 Court should not have granted additional interest and solatium. |
Judge | N/A |
Neutral Citation | 1995 INSC 55 |
Petitioner | Khanna Improvement Trust |
Respondent | Land Acquisition Tribunal And Ors. |
SCR | [1995] 1 S.C.R. 404 |
Judgement Date | 1995-01-18 |
Case Number | 3867 |
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