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1990 Supreme(P&H) 315

M.R.AGNIHOTRI, J.B.GARG, S.S.SODHI
Avtar Singh Sahi – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.SODHI, J. :-

1. When an Improvement Trust acquires land for a development scheme and proceeds thereafter to allot/sell residential plots therein, is it empowered to demand enhanced price for such plots consequent upon the increase in the compensation awarded to the owners of the acquired land in proceedings under the Land Acquisition Act? Herein lies the controversy raised in this bunch of writ petitions.

2. The Improvement Trust Panipat prepared a Development Scheme for a residential/ commercial complex under the relevant provisions of the Punjab Town Improvement Act, 1922 covering an area of over 68 bighas of land within the Municipal Limits of the town. The Land Acquisition Collector by his Award of 6/11/1975 (annexure P/1) assessed the market value of this land at Rs. 55,584.00 per acre. This rate works out to about Rs. 11.00 per square yard. The Improvement Trust, after taking into account also the development and other charges fixed the price of land for residential plots at Rs. 72.00 per square yard and invited applications for allotment of such plots in the prescribed form (annexure R/1). This Form contains a specific clause to the effect that the price fixed wa




















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