Full Judgment Text
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PETITIONER:
LUDHIANA IMPROVEMENT TRUST
Vs.
RESPONDENT:
BRIJESHWAR SINGH CHHAL & ANR. ETC.
DATE OF JUDGMENT: 19/03/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
BHARUCHA S.P. (J)
PARIPOORNAN, K.S.(J)
CITATION:
JT 1996 (4) 239 1996 SCALE (3)555
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NOS. 7028, 7027, 7029, 7030 & 7026/96
(Arising out of SLP (C) Nos. 3736, 2708, 4065, 8031 and
16530 of 1994)
O R D E R
Delay condoned.
Leave granted. We have heard learned counsel on both
sides.
The only question argued by the learned counsel for the
appellant is with regard to the belting of the land. An
extent of 13 acres of land situated near Ludhiana was
acquired for commercial-cum-residential purpose.
Notification under Section 36 of the Punjab Town Improvement
Act, 1922 which is pari materia to the notification under
Section 4(1) of the Land Acquisition Act, 1894, was
published on July 13, 1973. The Land Acquisition Officer in
his award dated February 3, 1976 classified the lands as
levelled-up land and low-lying land. In respect of the
levelled-up land he awarded compensation @ Rs.21/- per sq.
yd. and for the low-lying land @ Rs.13/- per sq.yd. On
reference, the District Judge awarded compensation @
Rs.107/- per square yard in respect of the lands abutting
the main road at a depth of 5 karanams and for other land he
awarded compensation @ Rs.80/- per sq. yd. and for the low-
lying area @ Rs.50/- per sq. yd. The claimants challenged
the award of the District Court and the High Court in the
writ petitions has held that all the lands are evenly
situated. Accordingly, it awarded compensation uniformly at
Rs.107/- per sq. yd. The Improvement Trust felt aggrieved by
the direction given by the High Court with regard to the
belting. Hence this appeals by special leave.
The Land Acquisition Officer has stated that the lands
measuring 61 kanals 10 marlas bearing different khasra
numbers mentioned in the award are situated in low-lying
area and are under the pond with a depth of 3 to 6 feet.
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Unless the lands are improved by expending considerable
amount, they cannot be levelled-up. Therefore, the Land
Acquisition Officer awarded compensation for those lands at
Rs.13/- per sq.yd. The High Court in the impugned order
relying upon its earlier judgment held that the belting
system adopted by the Land Acquisition Officer and the
reference Court is not correct in law. It is settled by
decisions of this Court that belting is a fair principle to
determine just and adequate compensation lest unjust at
would ensue. When large extent of land is acquired, land
abutting the roads or developed area and interior land do
not command the same market value. When it is proved that
the lands are situated in low-lying area, obviously the
lands situated at levelled area would command higher market
rate than the lands situated in low-lying area.
Shri Ujjagar Singh, learned senior counsel appearing
for the claimants, contended that the allottee would prefer
to purchase the lands in low-lying area to build their shops
or establishments underground so as to have economical use
of the land allotted to them. Therefore, the fixation of the
market value at the uniform rate by the High Court is
correct in law. We cannot appreciate the stand taken by the
claimants. The claimants, as a fact, have to establish that
the levelled-up lands and the low-lying lands command same
market value and that, therefore, they are required to be
awarded at the same rate. It is seen that the Land
Acquisition Officer has himself stated which was not
disputed in the reference Court that the depth of the land
is 3 to 6 feet. Unless the land is levelled-up, it cannot
command the same market value as the levelled-up land
possessed. Under those circumstances, the High Court was
clearly in error in holding that the belting system cannot
be adopted and compensation should be awarded in respect of
all the lands at the uniform rate.
The appeals are accordingly allowed and the order of
the reference Court paying compensation @ Rs.50/- per sq.yd.
to the low-lying lands admeasuring 61 kanals 10 gunthas in
the khasra numbers mentioned in the award of the Land
Acquisition Officer stands restored. No costs.