RAJ KUMAR AND ANR. versus STATE OF PUNJAB AND ANR.

Citation: [1995] 1 S.C.R. 184 · Decided: 11-01-1995 · Supreme Court of India · Bench: K. RAMASWAMY, SUJATA V. MANOHAR · Disposal: Dismissed
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Judgment (excerpt)

A 
RAJ KUMAR AND ANR. 
v. 
STATE OF PUNJAB AND ANR. 
JANUARY 11, 1995 
B 
[R. RAMASWAMY AND SUJATA V. MANOHAR, JJ.) 
' 
·Land ;4.cquisition Act. 1894: Award of Compensatiort-Belting-Dif-
f erential treatment from rest of the lands--Fixing of market value on that 
basis-Held valid-For other lands, market value determined on the basis or 
C evidence on record-Held, no inferference called for. 
In respect of certain lands acquired the Land Acquisition Officer 
determined the Market value @ Rs. 24,000 per acre upto a belting of 
22 Karmas and for the rest of the land, he determined the market value 
@ Rs. 20,000 by acre. On reference, the Additional District Judge enhanced 
D the market value @ Rs. 1,60,000 per acre upto 22 karmas, @ Rs. 1,000 per 
maria and for the rest of the land @ Rs. 50,000 per acre. 
On appeal, the High Court confirmed the determination of compen-
sation up to 22 karmas @ Rs. 1;60,000, and enhanced the market value of 
E 
the remaining land to Rs. 65,000 per acre; with statutory benefits. State 
did not file appeals. Two of the claimants preferred the present appeals, 
claiming higher compensation. 
Dismi:;sing the appeals, this Court 
F 
HELD: 1. The Land Acquisition Officer, the District Judge as well 
as the High Court have consistently taken 22 karmas to be the proper 
area of dimension for belting which should be separately treated from rest 
of the land. Belting is a settled rule of law to award differential compen-
sation. The land abutting road upto a depth of 22 karmas was treated as 
unit and compensation was determined separately to the rest of the land. 
G The entire extent of 56 acres of the acquired land cannot be considered to 
have the same value. For the rest of the land compensation was determined 
at Rs. 65,000 per acre. The courts below, therefore, rightly determined 22 
karmas to be the belting area for differential treatment from the rest of 
the lands. It is settled law that belting is one of the principles on the basis 
H of which market value would be determined. It being the principle the 
184 
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R. KUMAR v. STATE 
185 
belting has been rightly determined by the High Court, the Civil Court as A 
well as the Land Acquisition Officer. [186-D-F] 
2. The purpose of acquisition i.e., to establish market an on that 
account the lands are possessing value, is irrelevant by operation of s.24 
of the Act. It is true that the High Court in another case has determined 
the market value@ Rs.14,000 per Marla, but there is no material to show B 
as to what has happened to the judgment. Further the basis on which the 
High Court, in the appeals and other cases, has determined the market 
value is on appreciating the evidence placed on record. As the State did 
not file the appeal, this Court is of the view that the High Court has rightly 
determined the market value for the rest of the land at Rs. 65,000 per acre. C 
[186-G-H, 187-A] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 783-84 
of 1995. 
From the Judgment and Order dated 12.11.88 of the Punjab & D 
Haryana High Court in R.FA. Nos. 218-19of1985. 
S. C. Maheshwari and Ms. Sandhya Goswamy for the Appellants. 
Ranbir Yadav for G .K. Bansal,· for the Respondents. 
The following Order of the Court was delivered : 
E 
Leave granted. 
A notification under s.4(1) of the Land Acquisition Act wa8 publish-
ed in the State Gazette on January 24, 1980 acquiring a total extent of 56 
acres, 5 kanals and 11 marlas of land for establishment of a Grain Market. F 
The Land Acquisition Officer by his award dated February 21, 1982 
determined the market value at Rs. 24,000 per acre upto a belting of 22 
karmas and for rest of the land he determined the market value @ Rs. 
20,000 per acre. On reference, the Addl. District Judge enhanced the 
market value by his award and decree dated June 15, 1984 at Rs. 1,60,000 G 
per acre upto 22 karmas at the rate of Rs. 1,000 per marlas and for rest of 
the land he determined compensation at the rate of Rs. 50,000 per acre. 
However, on further appeal while the High Court confirmed determination 
of the compensation upto 22 karmas at the rate of Rs. 1,60,000 per acre, 
enhanced the market value for the remaining land to Rs. 65,000 per acre 
with the statutory benefits by its judgment and decree dated October 15, H 
186 
SUPREME COURT REPORTS 
[1995) 1 S.C.R. 
A . 1985. The State did not file appeals. However, still not being satisfied, two 
of the claimants filed these appeals by special leave. 
The first que
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