Ludhiana Improvement Trust vs Hari Shankar

P.C. Jain, A.C. J.

The Ludhiana Improvement Trust has filed this appeal under clause X of the Letters Patent against the judgment of the learned Single Judge, dated 28th August, 1981, by which the writ petition filed by Hari Shankarrespondent, was allowed and compensation was enhanced.

It is not necessary to state the facts as the same have been given in detail in the judgment of the learned Single Judge.

The only contention raised before us by the learned counsel for the appellant is that the learned Single Judge should not have interfered with the determination of the compensation in exercise of his jurisdiction under Article 226 of the Constitution of India. A similar contention was raised before the learned Single Judge and was repelled on the ground that the Tribunal had ignored the relevant evidence. In our view, the learned Single Judge was right in going into the legality of the award of the Tribunal as the relevant evidence was ignored while determining the amount of compensation.

No other point arises for consideration.

For the reasons recorded, this appeal fails and is dismissed but we make no order as to costs.