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2022 Supreme(SC) 870

SANJAY KISHAN KAUL, S. RAVINDRA BHAT, M. M. SUNDRESH
Jagan Singh – Appellant
Versus
Ludhiana Improvement Trust – Respondent


Advocates appeared:
For the Appellant(s) : Mr. P.S. Patwalia, Sr. Adv. Ms. Natasha Dalmia, AOR
For the Respondent(s): Mr. Neeraj Kumar Jain, Sr. Adv. Mr. Shubham Bhalla, AOR Ms. Ranjeeta Rohatgi, AOR

JUDGMENT :

Sanjay Kishan Kaul, J.

1. The dispute about the non-payment of acquired land under the Land Acquisition Act, 1984 (hereinafter referred to as the ‘LA Act’) has spanned over more than three decades.

2. Respondents no. 2 to 5 were the original owners of the land, measuring 8 Kanals and 11 ½ Marlas, which was acquired by Ludhiana Improvement Trust, Respondent no.1 (hereinafter referred to as “the Respondent Trust”).

3. The compensation determined by the Respondent Trust was not acceptable to the land owners, thus, reference was sought in terms of Section 18 of the LA Act. The Land Acquisition Tribunal made an award enhancing the compensation to the owners by determining the compensation as Rs.4,27,068/- along with future interest at 9%, per annum, from the date of the application. The Respondent Trust, however, did not pay the amount while it continued to enjoy the land.

4. It appears from the list of dates that despite all requests to the owners, the Respondent Trust did not oblige, leaving the owners with little option but to file an execution petition in the year 1991. The Execution Petition was, however, dismissed as unsatisfied on 21.09.1991.

5. A perusal of the order, howev


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