Pritpal Singh vs The State of Punjab

M.S. Liberhan and V. S. Aggarwal, JJ.—This order of ours will dispose of LPA Nos. 827, of 1985, 828 of 1985 and 829 of 1985 as same questions of facts and law arise in the three appeals. Facts are taken from LPA No. 827 of 1985.

2.76 acres of land was acquired vide Notification dated 2.6.1978 for construction of road. Learned counsel for the parties accept that the land was within the municipal limits and the width of acquired land is 115 feet only. The land in dispute abuts the G. T. Road. Learned counsel for the parties have no serious dispute in assessing the market value of the land abutting the G. T. Road @ 1,50,000/- as has been confirmed by Hon''ble Single Judge relying upon the award as A/23 and A/24 as instances for assessing the market value as prevalent on the date of acquisition.

The only challenge made by counsel for the appellant-claimant is that the value of the land beyond 75 feet assessed @ Rs, 33,000/- is erroneous. It does not represent true market value of the land in dispute. On perusal of the site plan we are of the considered view that it is not a fit case in which principle of belting could or should be adopted. Belting was adopted on excusals. In our judgment, since the land, is within municipal limits, comprises of residential area, it itself a small strip with the width of 110 feet, belting would appear if we venture to say a microscopic bifurcation, especially when the entire acquired land has the same potentialities. Belting upto 75 feet has not been supported on any persuasive reason given by the counsel for the respondent. One cannot loose sight of the fact that all along the G. T. Road, starting from Delhi to Amritsar a large number of factories have come up. Even for the residential houses, if required to be built, 75 feet depth is no depth for which a distinction can be drawn. Even if small plots are to be carved out, 150 feet depth can be permitted as reasonable depth. Keeping in view the reasonable depth, we are of the considered view that in the case in hand, principle of belting would be presumptuous. There is no gainsaying that according to the judicial award given in Exh. A. 25 the market value of the land abutting the G. T. Road is Rs. 1,50,000/-.

In view of the observations made above, acquired land is to be treated as one unit/block for assessing the market value keeping in view the potentialities for the industry coming around the G. T. Road and its situation, being in the municipal limits, were even otherwise small plots fetch much higher prices. It would be reasonable to assess the market value at the rate of Rs. 1,50,000/- as found by learned District Judge and Hon''ble Single Judge, which we assess for the whole land as one unit. Thus judgment of learned Single Judge is modified to the extent that whole land would be treated as one Unit/Block and claimant would be entitled to Rs. 1,50,000/per acre as market value of the land. The claimant would further be entitled to all statutory benefits i.e. 30% solatium and interest @ 9% for the first year and 15% thereafter. The claimant would however not be entitled to benefit of Section 23(1)(A). Claimants appeals are allowed in the above terms.