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1974 Supreme(SC) 429

P.K.GOSWAMI, A.N.RAY, H.R.KHANNA, P.JAGANMOHAN REDDY
Sarwan Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
A.L.KOHLI, B.P.SINGH, B.SEN, HARBANS SINGH, N.K.AGRAWAL, O.P.Sharma, V.C.MAHAJAN

Judgment

GOSWAMI, J.: - The questions that are raised in these appeals by certificate by Mr. B. Sen on behalf of the appellants are these: -

(1) Section 59 (a) of the Punjab Town Improvement Act, 1922 (Punjab Act 4 of 1922) is ultra vires Article 14 of the Constitution.

(2) The Tribunal took absolutely a wrong principle into consideration in determining the compensation of the lands acquired.

(3) The Tribunal has not applied its own rule as to the rate of compensation uniformly to the different appellants.

2. The facts of one appeal (Civil Appeal No. 345 of 1971) may be sufficient for our purpose. Land measuring 165 acres including the appellant s land measuring 6 bighas, 4 biswas and 17 biswasi, comprised in various khasra numbers situated in the revenue estate of Piru Banda within the municipal limits of Ludhiana Municipal Committee, was acquired for a development scheme of the Ludhiana Improvement Trust (hereinafter called the Trust) styled as Model Town Extension Scheme No. 1. A notification under Section 98 of the Punjab Town Improvement Act (hereinafter called the Improvement Act), which is analogous to Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Acquisitio
















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