KAPURTHALA IMPROVEMENT TRUST, PUNJAB

LAND ACQUISITION TRIBUNAL, KAPURTHALA AND ORS.

OCTOBER 31, 1995

B fK. RAMASWAMY AND B.N. KIRPAL, .JJ.]

The Pu11jab Tow11 Improvement Act, 1922/Land Acquisition Act, 1892:

S.36/Ss.4, l1 a11d J/f-Tow11 Improvement Scheme-Acquisition of C land-Compe11satio11-Belting of la11d by Collector and award of compe11satio11 be/twise-Tribu11a/ awardi11g compensatio11 at u11ifonn rate-Held, T1ibunal did 11ot commit any ennr of law in detennining the compensation.

Certain lands of the land-owners were acquired under the Punjab Town Improvement Act, 1922. The Collector classified the lands into three D belts and awarded compensation at different rates for different belts. On

reference, the Tribunal awarded compensation at uniform rate of Rs. 540 per Marla. The Town Improvement Trust filed a writ petition before the High Court challenging the award of compensation at uniform rate by the Tribunal; whereas the land-owners filed writ petitions claiming enhancement of compensation. The High Court dismissed all the writ petitions.

E Aggrieved, the Trust as well as the land-owners filed the appeals by special leave.

Dismissing all the appeals, this Court

HELD : The plan indicates that the lands are situated in a developed F area bounded by roads on all the three sides. The Tribunal had not committed any error of law in determining the compensation for the acquired land. [613-E]

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1986 of 1992.

From the Judgment and Order dated 23.2.82 of the Punjab & Haryana High Court in C.W. No. 5120 of 1981.

With C.A. Nos. 3055/82, 3040/84 and 10188 of 1983.

H S.K Mehta and G.K. Bansal (NP) for the appellant for Kapurthala 612

KAPURTHALA IMPROVEMENT'ffiUSTv. LAND ACQN_ TRBL 613

Improvement Trust, Punjab.

Vinoo Bhagat, (NP) and Vimal Dave, for the Respondents_

The following Order of the Court was delivered :

Notification under Section 36 of the Punjab Town Improvement Act, B 1922 was published on September 14, 1975 acquiring an extent of 124 kanals 3 marlas of the land in Kapurthala Town for Kapurthala Develop-- men! Scheme No. 2. Notification under Section 42 of the Act was published on August 6, 1976. The Collector in his award dated October 12, 1976 classified the lands into three belts 'A', 'B' and 'C' and granted compensation @ Rs. 300, Rs 360 and Rs. 210 per maria respectively. On reference C under Section 18, the Tribunal by its award dated April 16, 1981 awarded uniform rate of compensation at Rs. 540 per maria. When writ petitions came to be filled under Article 226, the Division Bench of the High Court by its common order on February 23, 1982 dismissed them. Thus these. appeals by special leave.

Shri S.K. Mehta, learned counsel appearing for the Kapurthala Improvement Trust, contended that having rejected all the sale transactions, the Tribunal was not justified in awarding uniform market rate since the Collector made belting and that different rates were awarded by the Collector. We have seen the plan which would indicate that the lands are E situated in a triangle bounded by roads on all the three sides. The lands are situated in developed area. In our considered opinion, the Tribunal had not committed any error of law in determining the compensation for the acquired land. Therefore, the appeals of the Improvement Trust as well as of the claimant~ for further enhancement stand <lisn1isscd. No costs.

R.P.

Appeals dismissed.