Kapurthala Improvement Trust, Punjab etc. Vs. Land Acquisition Tribunal, Kapurthala & Ors. etc.
EmailAppeal: Civil Appeal No.1986 Of 1992
WITH
Civil Appeal Nos. 3055/82, 3040/84 And 10188 to 10192 Of 1983.
WITH
Civil Appeal Nos. 3055/82, 3040/84 And 10188 to 10192 Of 1983.
Petitioner: Kapurthala Improvement Trust, Punjab etc.
Respondent: Land Acquisition Tribunal, Kapurthala & Ors. etc.
Apeal: Civil Appeal No.1986 Of 1992
WITH
Civil Appeal Nos. 3055/82, 3040/84 And 10188 to 10192 Of 1983.
WITH
Civil Appeal Nos. 3055/82, 3040/84 And 10188 to 10192 Of 1983.
Judges: K. RAMASWAMY & B.N. KIRPAL, JJ.
Date of Judgment: Oct 31, 1995
Head Note:
LAND ACQUISITION
Punjab Town Improvement Act, 1922:
Section 42 – Acquisition of land – Compensation – Market value – Lands situated in a triangle bounded by roads on all the three sides – Lands located in developed area – Whether the Tribunal was justified in awarding uniform rate of compensation? – Held yes.
Kapurthala Improvement Trust, Punjab etc. v Land Acquisition Tribunal,
JUDGEMENT:
O R D E R
1. Notification under Section 36 of the Punjab Town Improvement Act, 1922 was published on September 14, 1975 acquiring an extent of 124 Kanals 3 marlas of the land in Kapurthala Town for Kapurthala Development 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 marla respectively. On reference under Section 18, the Tribunal by its award dated April 16, 1981 awarded uniform rate of compensation at Rs.540/- per marla. When writ petitions came to be filed 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.
2. 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 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 claimants for further enhancement stand dismissed. No costs.
1. Notification under Section 36 of the Punjab Town Improvement Act, 1922 was published on September 14, 1975 acquiring an extent of 124 Kanals 3 marlas of the land in Kapurthala Town for Kapurthala Development 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 marla respectively. On reference under Section 18, the Tribunal by its award dated April 16, 1981 awarded uniform rate of compensation at Rs.540/- per marla. When writ petitions came to be filed 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.
2. 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 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 claimants for further enhancement stand dismissed. No costs.
