KAPURTHALA IMPROVEMENT TRUST, PUNJABversusLAND ACQUISITION TRIBUNAL, KAPURTHALA AND ORS.

A          KAPURTHALA IMPROVEMENT TRUST, PUNJAB
                              v.
       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 compe11sa-
    tio11 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 enhance-
    ment 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.
G
         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.                                                     A
       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 compensa-
tion @ 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.                                                      D
       Shri S.K. Mehta, learned counsel appearing for the Kapurthala Im-
provement 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.