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1983 Supreme(SC) 22

D.A.DESAI, R.B.MISRA
Northern Carriers Private LTD. – Appellant
Versus
Jullundur Improvement Trust, Jullundur – Respondent


Advocates:
B.D.SHARMA, BALMOKAND GOYAL, R.RAMACHANDRAN

JUDGMENT:- Special leave granted limited to the question of compensation.

2. Appellant-Northern Carriers Pvt. Ltd. filed Civil Writ Petn. No. 7515 of 1976 in the High Court of Punjab and Haryana at Chandigarh under Art. 226 of the Constitution questioning the validity of a notice issued under Sec. 36 of the Punjab Town Improvement Act, 1922 (Act for short) as also the award dated Oct. 5, 1972 made by the Collector determining the compensation of the land acquired under the impugned notification.

3. The appellant purchased land admeasuring 29 kanals and 1 marla comprised in various Khasra Nos. more particularly set out in the petition for Rs. 2,43,050/- under a deed of transfer executed on behalf of the Central Government on June 25, 1971. The appellant immediately entered into possession and since then, he has been in possession of the land. It appears that a notice under Section 36 of the Act was issued on Nov. 4, 1966. In view of the provision contained in Clauses 1 and 2 of the schedule to the Act, a notice under Section 36 of the Act has the same effect as a notification under S. 4 (1) of the Land Acquisition Act. This acquisition was with respect to a scheme framed under the Act











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