Ram Rakhi and Others vs The Land Acquisition Tribunal and Others

J.V. Gupta, J.—This writ petition is directed against the order of the Land Acquisition Tribunal, Improvement Trust, Ludhiana, dated 15th of October, 1968, whereby the Petitioner has been allowed neither the solatium at the rate of 15 per cent nor the interest as contemplated under the Land Acquisition Act.

The controversy has been settled by this Court in Harbans Kaur etc. v. Ludhiana Improvement Trust etc. ILR (1973) 1 P&H 705, wherein it has been held that the benefits under the Land Acquisition Act had to be allowed to the persons whose lands or properties were acquired under the Punjab Town Improvement Act and that different measures of compensation could not be laid down for acquisitions made for different public purposes. Reference in this respect may also be made to Devinder Kaur v. Ludhiana Improvement Trust Ludhiana and Ors. 1975 ILR 527 and Shrimati Uma and Ors. v. The Tribunal constituted under the Punjab Town Improvement Act 1922 Jullundur and Ors. 1979 PLR 551. In view of these judgments it could not be disputed on behalf of the Ludhiana Improvement Trust that the Plaintiff is entitled to the solatium and the interest as contemplated under the Land Acquisition Act. In this view of the matter, the writ petition is allowed and the impugned award is modified to the extent that the Petitioner will also be entitled to the solatium at 15 per cent of the compensation awarded to her and she shall also be entitled to the interest at the rate of 4 per cent per annum from the date of possession up to 30th of June, 1967 and at the rate of 8 per cent per annum from 1st of July, 1967 till the amount of compensation was paid. However, there will be no order as to costs.