LUDHIANA IMPROVEMENT TRUST Vs. BRUESHWAR SINGH CHHAL

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted. We have heard the learned counsel on both sides.

(3.) The only question argued by the learned counsel for the appellant is with regard to the belting of the land. An extent of 13 acres of land situated near Ludhiana was acquired for commercial-cum-residential purpose. Notification under Section 36 of the Punjab Town Improvement Act, 1922 (4 of 1922 which is in pari materia to the notification under Section 4 (1 of the Land Acquisition g Act, 1894, was published on 13/7/1973. The Land Acquisition Officer in his award dated 3/2/1976 classified the lands as levelled-up land and low-lying land. In respect of the levelled-up land he awarded compensation Rs. 21. 00 per sq. yd. and for the low-lying land Rs. 13. 00 per sq. yd. On reference, the District Judge awarded compensation Rs. 107. 00 per square yard in respect of the lands abuttingthe main road at a depth of 5 karanams and for the other land he awarded compensation Rs. 80. 00 per sq. yd. and for the low-lying area Rs. 50. 00 per sq. yd. The claimants challenged the award of the District court and the High court in the writ petitions has held that all the lands are evenly situated. Accordingly, it awarded compensation uniformly at Rs. 107. 00 per sq. yd. The Improvement Trust felt aggrieved by the direction given by the High court with regard to the belting. Hence these appeals by special leave.