Som Parkash Vs. the State of Punjab and ors. - Court Judgment

Excerpt:

- - 2. there can be no manner of doubt that even a tenant at will has an interest in land which clearly has a monetary value when the land held by him as such is acquired it would be apt to notice here the judgment of this court in punjab wakf board v.orders.s. sodhi, j.1. the impugned award of the batala improvement trust tribunal (annexure p-1) holding the petitioner som parkash not entitled to any share in the compensation for the land acquired, on the ground that he was merely a tenant at will thereon, cannot, indeed, be sustained.2. there can be no manner of doubt that even a tenant at will has an interest in land which clearly has a monetary value when the land held by him as such is acquired it would be apt to notice here the judgment of this court in punjab wakf board v. state of haryana, 1988 p. l j. 481 where it was held that even a tenant not entitled to the benefit of the provisions of section 18 of the punjab security of land tenutes act to purchase the land held by him is entitled to share the compensation for the acquisition of the land held by him as such.3. in this view of the matter, the impugned award of the tribunal is hereby set aside and the matter is remitted to it for fresh decision in accordance with law.4. this writ petition is consequently hereby accepted with costs. since no counsel appears, no counsel's fee shall be payable.

Judgment:

ORDER

S.S. Sodhi, J.

1. The impugned award of the Batala Improvement Trust Tribunal (Annexure P-1) holding the petitioner Som Parkash not entitled to any share in the compensation for the land acquired, on the ground that he was merely a tenant at Will thereon, cannot, indeed, be sustained.

2. There can be no manner of doubt that even a tenant at Will has an interest in land which clearly has a monetary value when the land held by him as such is acquired It would be apt to notice here the judgment of this Court in Punjab Wakf Board v. State of Haryana, 1988 P. L J. 481 where it was held that even a tenant not entitled to the benefit of the provisions of Section 18 of the Punjab Security of Land Tenutes Act to purchase the land held by him is entitled to share the compensation for the acquisition of the land held by him as such.

3. In this view of the matter, the impugned award of the Tribunal is hereby set aside and the matter is remitted to it for fresh decision in accordance with law.

4. This writ petition is consequently hereby accepted with costs. Since no counsel appears, no Counsel's fee shall be payable.