K.RAMASWAMY, M.N.VENKATACHALIAH
Khanna Improvement Trust – Appellant
Versus
Land Acquisition Tribunal – Respondent
ORDER
1. The notification under Section 36 of the Punjab Town Improvement Act, 1922 was published in the Gazette on 14-9-1973 and a notification under Section 41 sanction of the scheme was published on 3-12-1975 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 dated 24-2-1977 awarded the market value @ Rs 1,88,731 per acre. On reference the Tribunal in its award dated 28-3-1985 enhanced the compensation to Rs 307 per sq. yd. up to 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 CWP No. 4309 of 1985 and batch while confirming the award of the Arbitrator changed the belting up to a depth of 50 ft. awarded to that land up to that extent together with statutory benefits as applicable under the Land Acquisition Amendment Act 68 of 1984 which was confirmed in LPA No. 663 of 1989 and batch dated 1-6-1989. Thus these appeals by special leave.
2. We find force in the contention of the learned counsel appearing for the Improvement Trust that the learned Single Judge of the High Court committed gr
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