No 1 of 1970
Petition under article 32 of the Constitution of India for the enforcement of fundamental rights
J P Goyal and Sobhag Mal Jain for the petitioners
Bishan Nar and R N Sachthey for respondent No 1
Bishan Narain B Datta J
B Dadachanji O C Mathur and Ravinder Narain for respondent Nos 2 and 3 7 64 The Judgment of the Court was delivered by P Jaganmohan Reddy J
The three Petitioners who are residents of Amritsar have filed this Petition under article 3 2 of the Constitution challenging the Punjab Development of Damaged Areas Act 10 of 1951 hereinafter called the Act  as being violative of article 14 19  1  f   g and 3 1 2 of the Constitution of India
The first Petitioner carries on a Bakery business in a shop in Bazar Jallianwala near Chowk Phowara of which he is a tenant
The second Petitioner is the owner of a building consisting of a number of shops situated in Bazar Bikanarian while the third Petitioner is a tenant in occupation of a residential house situated in Bazar Sodhian
On 26th June 1962 the State Govt
declared by a Notification under Sec
2d of the Act the entire area within the walled city of Amritsar to be a damaged area
In pursuance of the said Notification a number of schemes were formulated by the Improvement Trust of Amritsar
Two of such Schemes with which the Petitioners are concerned related to  1  Chowk Phowara cum Jallianwala Bagh and 2 Ghantaghar
The former Scheme was sanctioned by the State Govt by a Notification dated the 17th July 1968 while the Ghantaghar Scheme was sanctioned by Notification of the 10th October 1969
Pursuant to these Notifications a Notice was issued on 26th November 1969 to the first Petitioner whose shop is covered by the Chowk Phowara cum Jallianwala Bagh Scheme to vacate the premises in his possession
A notice was also given to Petitioners 2  3 in respect of the buildings owned or occupied by them in the Ghantaghar area Scheme asking them to appear before the Land Acquisition Collector the 3rd Respondent and explain the interest which they have in the respective premises sought to be acquired
It is contended by the Petitioners  1 a that Sec 2d offends article 14 of the Constitution inasmuch as the damaged area as defined under that Section furnishes no guidelines is arbitrary unguided un canalised and discriminatory inasmuch as it enables the State
Government to pick and choose any area and declare it to be damaged area even though it may not at all be damaged while at the same time leaving out other areas similarly situated which are either not damaged or really damaged that in any case the Notification under Sec
2d is vague and therefore bad b that the provisions regarding compensation are also discriminatory because property can be acquired at the discretion of the Improvement Trust either under the Punjab Town Improvement Act 1922 or under the Act even though the compensation payable under the provision of the former Act are advantageous as compared to those payable under the Act 2 that the compensation provisions in the Act violate article 31 2 as it stood at the time when 765 the Act was passed in 1951 3 that the Acquisition under the Act cannot be said to be for a public purpose as not a single pie comes from the Govt
or is contributed by the local authority and 4 that the impugned Notification sanctioning the two schemes is also void because once the Govt had exercised the power by sanctioning Dharam Singh Market Scheme the power of sanction under Section 5 is exhausted
In order to appreciate the several contentions it is necessary to examine the provisions of the Act but before we do so it may be useful also to briefly set out the legislative history of the enactment and the purpose for which it was enacted
Prior to the partition of India there were serious communal rioting in March 1947 in some parts of Punjab particularly in Amritsar These riots as well as those which subsequently took place on the eve of partition caused extensive damage to property and left a lot of debris and refuse which had to be cleared
The Governor of Punjab who had by a proclamation under Sec
93 of the Govt
of India Act 1935 assuming to himself all powers vested by and under the said Act passed the Punjab Damaged Areas Act 11 of 1947 on 9th May 1947
The Act so passed would only have force for two years from the date on which the proclamation ceases to have effect unless sooner repealed or re enacted by an Act of the appropriate legislature
The rule of the Governor came to an end on 15th August 1947 and consequently the 1947 Act would cease to have force on 15th August 1949
It appears from the statement of objects and reasons of the 1947 Act that Government finding that it had not adequate power to deal with dangerous or damaged buildings summarily or to deal satisfactorily with debris the materials of damaged or fallen buildings or to control salvage of property and its disposal or to indemnify teh Crown or the Local authorities or their employees for the action already taken in respect of the aforesaid matters wanted to arm itself by emergency changes in the Laws regulating the administration of Urban areas and to provide in an orderly way for the custody and disposal of debris and salved property
The substantive portions of the Act were meant to come into force in any area to which their application may be considered desirable by the Provincial Government on such date as may be notified
Under Sec
2c the Damaged area was defined in much the same way as is defined in Sec
2b of the present Act
It conferred power on the Provincial Government to declare by Notification any area or any portion thereof to be a damaged area
Under this provision the whole of the walled city of Amritsar was declared to be damaged area
As this
Act would have lapsed by the 15th August 1949 the East Punjab Damaged Areas Act 10 of 1949 was enacted which embodied practically the same provisions as 766 were contained in the 1947 Act
Under this Act no fresh Notification in respect of the area Notified in the 1947 Act was issue and though Sections 1 to 3 of the 1949 Act came into force immediately after its publication the other provisions of that Act were to come into force in any urban area as the State Govt
by Notification may appoint
These provisions however did not meet the need for planned development of the damaged areas had consequently the Damaged Area Ordinance 16 of 1950 was promulgated by the Governor of Punjab on the 1st December 1950
The Ordinance was replaced by the present Act
Though under sub
2 of Section 1 the Act extends to the whole of Punjab sub sec
3 was to come into force at once within the local area of Amritsar Improvement Trust and any other such areas as the Govt
may by Notification specify
2d defines damaged area to be an area which the State Govt
by Notification may declare to be a damaged area and includes the area already notified by the East Punjab Damaged Area Act 1949
Section 2e defined The Improvement Trust  or Trusts  as an Improvement Trust constituted under the Punjab Town Improvement Act 1922 while Land under Sec
2f include benefits to arise out of land or things attached to the earth or permanently fastened to anything attached to the earth
3 empowers the Trust to frame a Scheme or Schemes for the development of the damaged area providing for all or any of the matters mentioned under Sec
28 of the Punjab Town Improvement Act 1922 and any Scheme already framed or sanctioned in respect of a damaged area under the Provisions of that Act which shall be deemed to have been framed or sanctioned under the Act
Sections 4  5 then provide for the publication of the Scheme giving certain specified details calling for objections to the Scheme within a period prescribed
After considering the objections if any which may be received by the Trust during the period prescribed the Trust may approve the scheme with or without modification and thereafter submit it to the State Govt
with a statement of objections received by it
The State Govt
may modify the scheme if necessary and notify it either in original or as modified
The Scheme so published shall be deemed to be the sanctioned scheme such publications being conclusive evidence of the Scheme having been duly framed and sanctioned
Under Sec
6 the Trust shall within 3 months from the date of the publication of the Scheme udder Sub Section 3 of Section 5 apply to the  Collector for acquisition and if considered necessary for taking immediate possession of the whole or part of any damaged area comprised in the Scheme and on such application being made the Collector may forthwith deliver or caused to be delivered to it the possession of the damaged area
On such order being made by the Collector the damaged area vests in the Trust free from all encumbrances 767 but subject to payment in due course of compensation by the Trust in accordance with the provisions of the Act
The occupier of any building or any part of the building was to be given at least 2 weeks notice or such longer notice as it considered reasonably sufficient to enable him to remove his movable property from such building without unnecessary inconvenience to him
Section 7 empowers the Collector if he is himself a Magistrate and if not to apply to a Magistrate to remove obstruction and to deliver possession of the land to the Improvement Trust
Sec 8 provides for marking and measuring
Sec 9 requires the Collector to cause notices giving particulars as required under sub sec
2 inviting claims lo be made to him for compensation
Sec 1 1 requires the Collector to make an enquiry into the objections and claims made pursuant to the notice issued under sub sec
2b of Sec 9 and to determine a the true area of the land b the market value at the time of publication of the Scheme under Section 41 of i the land ii all material standing on them and iii any sources of income derived from the land
c The value of plots the material thereon and other sources of income remaining outstanding as notified by the State Government under Section 12 and d the extent of the interest of every person claiming compensation and the market value of the interest of such persons at the time of publication of the scheme under Section 41
Under Sec
12 the Trust shall as soon as possession of the land comprised in the sanctioned scheme is delivered to it proceed to execute the scheme but not later than 3 years of the sanction of the scheme submit for the scrutiny of the State Govt
an accurate statement which shall contain the following particulars a the actual cost of the scheme b the income derived from the scheme c the particulars and the estimated value of the plots and any material thereon that remain to be sold and d the estimated value of the other sources of Income from the scheme which remain out 5 Ll 100SupCI71 standing
768 On the scheme being submitted to the State Govt it shall after necessary scrutiny notify the details of he aforesaid statement
The manner in which compensation is to be computed and the award to be passed by the Collector and the payment of com pensation are provided for in Sec 13 and 16
Section 14 provides for the Collector s award to be filed and Sec
15 empowers Trust either to notify its intention to make a reference to the Tribunal in the manner stated in Sec
19 against the amount awarded by the Collector or place the amount awarded at his disposal
Sections 13 and 16 which deal with the calculation of the total compensation and its payment are as follows Sec 13  1 After the statement has been notified under the preceding section the Collector shall make an award apportioning compensation in the manner hereinafter prescribed among all the persons known or be lieved to be interested in the land of whom or of whose claims he has information whether or not they have 2 Notwithstanding anything contained in any other law for the time being in force the total compensation payable for any land acquired under this Act shall be the difference between a the income of the Scheme which shall include the estimated value of the plots and the material thereon that remain to be sold and the other sources of income from the scheme which remain outstanding and b the cost of the scheme as notified in the statement under Sec
3 subject to the provisions of the  or any other law on the subject for the time being in force the compensation awarded in respect of the structures if any standing on the land comprised in the scheme shall be payable to the persons known or believed to be interested in those structures according to their respective interests as determined by the Collector under See
Explanation In computing such compensation the Collector shall assess the market value of the structures at the time of delivery of possession of the land to the Trust and deduct from such value the cost of demolishing them said removing the material from the site
7 69 4 The total compensation less any deductions that may be necessary on account of the amounts if any payable under sub section 3 shall be paid to the various persons interested in proportion to the interests hold by them as determined by the Collector under sec
1 1 c
Provided that the amount paid to any person shall not be less than the market value of his interest as determined by the Collector under Sec 11 1 minus the cost of demolition and removal incurred by the Trust
Sec 16 From the amount placed at his disposal under section 15 the Collector shall according to the award tender payments to the persons interested and make payments to those who agree to receive the same with or without protest
Sections 19 to 21 provide that the Trust or persons interested who receive compensation under protest may require the Collector to make a reference to the Tribunal in respect of the measurement of the land amount of compensation the persons to whom it is payable its apportionment among persons interested
A statement of the case is also required to be drawn up by the Collector on reference and a notice to be given by the Tribunal to the persons interested
Under Sec
23 the Tribunal has power to either maintain or modify the award passed by the Collector and order payment to the persons entitled to it provided that it shall not question the amounts notified under Sec 12
The award passed by the Tribunal is deemed to be a decree and the statement of the grounds therefore a Judgment within the meaning of sub section 2 and 9 of Section 2 of the Civil Procedure Code and every award and order of the Tribunal is enforceable by the Court of the Senior Sub Judge within the local limits of its jurisdiction as if it were a decree made or passed by it
While Section 24 makes provision for the award of costs Section 25 does not require the Trust to pay interest on any amount awarded as compensation and tendered in accordance with the order of the Collector
The provisions of the Act it may be noticed clearly indicate that they are reasonable and are designed to serve the interest of the general public namely to execute schemes in a planned manner for the improvement of the damaged areas of the city of Amritsar
They do not in any way violate the provisions of article 191 f  g
This Court has in no uncertain terms laid down the test for ascertaining reasonableness of the restrictions on the rights guaranteed under article 19 to be determined by a reference to the nature of the right said to have been infringed the purpose of the restrictions sought to be imposed the urgency of the evil and the necessity 770 to rectify or remedy it all of which has to be balanced with the social welfare or social purpose sought to be achieved
The right of the individual has therefore to be sublimated to the larger interest of the general public Applying this test it will be seen that persons who are affected by the Scheme are given an opportunity to fide their objections which have to be given due consideration by the Trust before finalising the scheme
Their objections are further considered by the Govt
before sanctioning the scheme
They have also a right to take part in the proceedings before the Collector in the enquiry into claims for compensation and are given notice of the award made by the Collector
The compensation payable to them is
more in the nature of a profit sharing scheme in that the minimum that they would be entitled for payment is the market value of the property which has come under the scheme and may even be entitled to something more depending upon the income of the scheme and the expenditure incurred therefore
The total amount of compensation for any land so acquired under Sec 13 2 is the difference between the income of the scheme which is to include the estimated value of the buildings and the material thereon that remains to be sold the profits on the plots sold and the other source of the income of the scheme as notified in the statement under Sec 12 subject as we have pointed out earlier to the compensation in any case not being less than the market value of his interest as determined by the Collector under Sec
11d minus the cost of the demolition and removal incurred by the Trust
The persons interested are further given a right to have their objections to the award fixing compensation the area of the land demarcated and other matters as specified in Sec
20 referred to the Tribunal
The award or any order passed by the Tribunal being deemed to be a Judgment and a decree under the Civil Procedure Code the affected persons have therefore right of appeal provided under that Code which will give the man opportunity to go up to the High Court and even to the Supreme Court
The fundamental rights to acquire hold or dispose property or to carry on any occupation trade or business guaranteed under article 19 1 f  g is subject to the restrictions contained in clauses 5  6 of the said Article
The Act in our view complies substantially if not abundantly with the restrictions imposed on the exercise of the said fundamental rights
It is then contended that some buildings in these areas are newly build or that some of them are not damaged and hence the restriction is unreasonable but in our view this alone does not in any way justify an impediment being placed for a scheme which is designed to achieve a social purpose and is for the public good The compensation payable under the Act is also determined on principles similar to those under the Land Acquisition Act or the Punjab Town Improvement Act
There is however no justification 771 in the submission that option is given to acquire the area either under the Act or under the Punjab Town Improvement Act according to the discretion of the Trust which is without guide lines and arbitrary
This argument is devoid of force because what Section 3 empowers is that the Trust in framing a scheme may provide for all or any of the matters mentioned in Section 28 of the Punjab Town  Improvement Act
It further declares that any scheme already framed under the Punjab Town Improvement Act is deemed to have been framed under the Act
This is far from saying that a discretion is given to the Trust to frame a Scheme either under the provisions of the Act or under the provisions of the Punjab Town Improvement Act or that the provisions of the latter Act are more advantageous in the matter of compensation or in respect of any other matter
The section merely incorporates by reference some of the provisions of the other Act and is also an enabling one
There is also no validity in the contention that compensation is not payable for the buildings but only for the land because the definition of land under the Act is similar to that under Sec
3a of the Land Acquisition Act and is comprehensive enough to include buildings also
It is next urged that compensation so determined is not im mediately payable because under the provisions of the Act the final compensation will only be determined after the scheme is submitted and sanctioned by the Govt
which may take several years and also there is a prohibition against payment of interest on the amount of compensation unlike that provided under the provisions of the Land Acquisition Act
It is true that the finalisation of the scheme will take time but under the provisions of sub see 2 of Sec
12 the submission of the Scheme by the Trust is not to be later than 3 years which does not mean necessarily that it will take 3 years and may even take less if not obstructed by persons affected
In any case as we have said where the scheme is for the benefit of all those who have properties in the areas which are covered by the scheme and is on a profit sharing basis there is no hardship or disadvantage particularly when the Petitioners as we shall point out presently are assured of alternative accommodation and the allotment of newly built shops under the scheme
Though the actual schemes are not before us it is stated in the counter of Respondent No 
2 the Chairman of the Amritsar Improvement Trust that the Petitioners have been assured in writing by the Trust that allotment of pacca shops as soon as the commercial building in Dharam Singh Market which is being constructed at an estimated cost of Rs 26 lakhs is completed
In fact Ahata Bishan Dass and the adjoining scheme areas are ready
In the meanwhile many of the persons who have applied 772 for alternate accommodation have for the time being been ac commodated by the Trust in the stalls recently set up in Kesribagh in the immediate vicinity of the Trust office
Though the Petitioners 1 and 3 have not applied for alternative accommodation they have been assured that they will be treated alike with the said displaced occupiers of shops in case they apply for alternative accommodation
In so far as the petitioner No 2 is concerned it is alleged that he is not an occupier of the building as such there is no question of an alternative accommodation being given to him but this matter will have to be decided under the provisions of the Act
Be that as it may in fact the Chairman of the Amritsar Improvement Trust has appended to the counter a letter addressed to one Inder Singh Arora who has a shop in Bazar Jallianwala in Amritsar and who is also similarly situated like the petitioners
In that letter of 6 1 1970 he has stated as follows Reference your discussion with the undersigned It has been decided to offer you accommodation on the lines of commitments made by the Trust in High Court in letters Patent Appeal No 187 soon as commercial buildings in Dharam Singh Market Ahata Bishan Dass and the adjoining Scheme areas are ready the Trust would give preference to the oustees from the scheme area Chowk Phowara to Jallianwala Bagh in Main Bazar and other Markets who are 5 years old to occupy shops of their choice at the rent which is fixed by the Trust for the particular shop
The rent fixed by the Improvement Trust may be the highest that can be fetched in the Market
At that rent the tenants may exercise their option to get tenancy rights in preference to others and in case they refuse to take the shops on rent so fixed by the Trust the same would be given to others
These assurances are commitments and would equally apply to the Petitioners
We cannot envisage a more reasonable and fair treatment accorded to the persons who have been displaced as a result of the Improvement Schemes
The petitioners in spite of all these assurances have taken an unreasonable attitude in litigating and holding up a scheme that is beneficial for all those affected in the damaged areas by the two impugned schemes
in our view the compensation payable is neither inadequate nor illusory but on the other hand is not less than the market value and may even be more
There is therefore no violation of article 312 of the Constitution
773 The further contention that Sec 2d is discriminatory of vague in that it does not indicate the criteria for determining what is a damaged area appears to us to be without force
We have seen the purpose for which the Act was passed by the Legislature which leaves little doubt that it was the damage caused by wholesale and serious rioting to buildings in certain urban areas in the State of Punjab and particularly in the area within the walled city of Amritsar which necessitated the framing and execution of schemes of improvement in those areas
In so far as the present petition is concerned it relates to two of the areas within the walled city of Amritsar
It is therefore not difficult to determine what is a damaged area for if the whole of the walled city of Amritsar is a damaged area any part thereof is equally a damaged area
There is nothing arbitrary nor is the power conferred on the State Govt
 unguided or un canalised nor for that matter can it be said that the Notification issued on the 26th June 1962 is vague
In so far as the contention that the impugned Notification sanctioning the two schemes are void as the power under Sec
5 of the Act was exhausted because the Govt
had already exercised its power when it sanctioned Dharam Singh Market Scheme the learned Advocate has not chosen to address any arguments or to substantiate that contention
As such we find it unnecessary to deal with it
In our view none of the objections are sustainable either on the ground of discrimination under article 14 or on the scheme are being unreasonable or not in the interest of general public violating article 19 1 f  g nor on the ground of the compensation payable being inadequate or insufficient so as to infringe the guarantee under article 312 of the Constitution of India
The petition is accordingly dismissed with costs
VPS Petition dismissed


Summary:
In order to deal with extensive damage to property and to clear the debris and refuse caused by communal riots in 1947 in Punjab statutes we re enacted giving suitable powers the last of which is the Punjab Development of Damaged Areas Act 1951
Under section 2d of the Act the State Government declared by a Notification that the entire area within the walled city of Amritsar to be damaged area
The Improvement Trust formulated certain schemes which were sanctioned by the State Government
Thereafter notice was issued to the first petitioner to vacate the shop in his possession and to the second and third petitioners to appear before the Land Acquisition Collector and explain the interest which they had in the premises in their occupation sought to be acquired
In a petition under article 32 on the questions whether 1 the Act is violative of article 14 because a the power to declare an area as damaged is arbitrary and b the property can be acquired at the discretion of the Trust either under the Punjab Town Improvement Act 1922 or under the Act compensation payable under the form Act being more advantageous 2 the restrictions imposed by the Act are unreasonable and violative of article 191  f and g and 3 the acquisition and compensation provisions of the Act violate article 312
HELD  1 There is no violation of article 14
a The purpose of the Act is for framing and executing schemes of improvement in urban areas where damage has been caused to buildings by wholesale and serious rioting and hence the power conferred on the State Government to declare an area damaged area is not arbitrary unguided or uncanalised
If the whole of the walled city of Amritsar is a damaged area and part thereof is equally a damaged area
Therefore it is not difficult to determine what is damaged area and the Notification in the present case is not vague
773 A D b No option is given to acquire the area either under the 1951 Act or Punjab Town Improvement Act according to the discretion of the Improvement Trust
The 1951 Act only provides that the Trust in framing a scheme may provide for all or any of the matters mentioned in section 28 of the Punjab Town Improvement Act and that any scheme already framed under the latter Act is deemed to have been framed under 1951 Act
771 A B 2 The provisions of the Act are reasonable and are designed to serve the interest of the general public by executing schemes in a planned manner for the improvement of the damaged areas of the city and the restrictions imposed are protected by article 195 and 6 of the Constitution
769 G H 763 a Persons who are affected by a scheme are given an opportunity to file their objections which have to be given due consideration by the Improvement Trust before finalising the scheme and by State Government before sanctioning the scheme
They have also the right to take part in the proceedings before the Collector in the inquiry into claims for compensation
They are given notice of the award and are given a right to have their objections to the award fixing the compensation or the are  I demarcated and other matters specified in section 20 referred to a Tribunal
The award or any order passed by the Tribunal is deemed to be a judgment and decree under the Civil Procedure Code and affected persons have a right of appeal to the High Court and to this Court
770 B F b The fact that there are some newly built buildings which are not damaged would not make the provisions of the Act unreasonable nor justify an impediment being placed to a scheme which is designed to achieve a social purpose and is for the public good 770 G H c The persons in occupation of shops have been assured in writing by the Improvement Trust of alternative accommodation and allotment of pucca shops as soon as possible
771 H 3 The compensation payable is neither inadequate nor illusory but on the other hand it is not less than the market value and may even be more
There is thus no violation of article 312 of the Constitution
770 G 772 B a The compensation payable to persons interested under the Act is more in the nature of a profit sharing scheme in that the minimum that they would be entitled for payment is the market value of the property which has come under the scheme and may even be more depending upon the income of the scheme and the expenditure incurred therefore
The com pensation is determined on principles similar to those under the Land Acquisition Act or the Punjab Town Improvement Act
770 B C H b It cannot be contended that compensation is not payable for the buildings but only for the land because the definition of land under the Act is similar to that in section 3 a of the Land Acquisition Act and is comprehensive enough to include buildings also
771 D c The finalisation of the scheme will take time but under section 122 the submission of the scheme by the Trust is not to be later than three years
Therefore it cannot be urged that the final compensation is not immediately payable and that it may take several years without any payment of interest during that time
In any case the scheme is for the benefit of all those who have properties in the areas which are covered by the scheme and is on a profit sharing basis
There is thus no hardship or disadvantage
771 E G