PETITIONER:
KAPURTHALA IMPROVEMENT TRUST, PUNJAB
Vs.
RESPONDENT:
LAND ACQUISITION TRIBUNAL,KAPURTHALA & ORS. ETC.
DATE OF JUDGMENT31/10/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
KIRPAL B.N. (J)
CITATION:
1995 SCC Supl. (4) 650 JT 1995 (8) 556
1995 SCALE (6)272
ACT:
HEADNOTE:
JUDGMENT:
W I T H
CIVIL APPEAL NOS. 3055/82, 3040/84 AND 10188/OF 1983.
O R D E R
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/-and 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.
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.