MUNICIPAL COMMITTEE BHATINDA Vs. BALWANT SINGH

JUDGEMENT

(1.) Notification under Section 4 (1 was published in the State Gazette on 9/4/1976 acquiring an extent of 116 acres of the agricultural lands for the purpose of establishing Water Treatment Plant and other allied public purposes. The Land Acquisition Collector in his award dated 20/3/1979 awarded compensation up to a depth of 100 yards at the rate of Rs. 50,000. 00 per acre and for the rest of the land he awarded compensation at the rate of Rs. 15,000. 00 per acre. On reference under Section 18 of the Act, the Additional District Judge by his award and decree dated 9/8/1982, enhanced the market value to a depth of 50 yards at the rate of Rs. 1,50,000. 00 per acre and 50 to 100 yards at the rate of Rs. 60,000. 00 per acre and for the rest at the rate of Rs. 50,000. 00 per acre. On further appeal, the learned Single Judge while upholding the principle of belting made by the Land Acquisition Collector disagreed with the principle of belting, distinction between 50 yards and 100 yards, and granted market value at the rate of Rs. 1,50,000. 00 up to a depth of 100 yards and Rs. 65,000. 00 per acre for the rest of the land. On letters patent appeal, the; division bench by its judgment and decree dated 11/4/1991, granted uniform flat rate of Rs. 1,50,000. 00 per acre to the entire area. Thus, these appeals by special leave by the Appellant Municipal Committee.

(2.) Admittedly, as on the date of notification published in State Gazette, the lands are agricultural lands. No sanction of the plan to sell for building purposes was obtained by the owners. The question is whether the lands are capable of potential value. The reference court on consideration of the evidence found thus:

(3.) The next question is what is the market value to be determined in the case. The learned Single Judge having referred to the sale deeds 'exhibits A-84 to A-89, found that right from December 1970, the lands abutting the road are fetching higher price of Rs. 1,20,000. 00 per acre than the land situated behind the belt of 100 yards and that, therefore, it was concluded thus: