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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.