Land Acquisition Act, 1894

Land Acquisition Act, 1894—Sections 4, 5 and 6—Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3—Release of land from acquisition—High Court, in the present case,  ordered the release of the land belonging to respondent no. 1 on the condition that they will maintain the green belt as desired by the Department which is essentially required to lay the infrastructure—Appeal against—The respondents have argued against the validity of the condition to maintain a green belt on their land up to 50 meters on two grounds. First, they relied on a judgment of this Court in the case of Raju S. Jethmalani v. State of Maharastra [(2005) 11 SCC 222] wherein it was held that the burden to make available green area cannot be put on the citizens. Secondly, it was argued that the condition of maintaining 50 meters green belt is not supported by any law in force, and also that even under Section 3 of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated  Development) Act, 1963, there is no condition of maintaining green belt—Held, mere fact that Section 3 of the Punjab Scheduled Roads & Controlled Areas (Restriction of Unregulated Development) Act, 1963 does not explicitly require the maintenance of 50 meters green belt, cannot be allowed to frustrate the attempt to meet the ever increasing economic needs of rapid industrialisation—The nodal agency is in the best position to decide how much is needed for the maintenance of 50 meters green belt, there is nothing wrong in requiring the same in the given case—However, so far as the question of maintaining a green belt imposed by the High Court in the impugned order is concerned, we are not in a position to agree with such directions of the High Court—Leaving the land for the HSIDC to develop a green belt is different from that of requiring the private person to maintain the green belt since that will be an unnecessary burden on that person—Accordingly, affirming the judgment of the High Court, we only modify the conditions for fulfilment on the part of the respondents so that their land is released from acquisition. These are:-

(i) They will release the land which is needed by the HSIDC for maintaining the green belt, undisturbed and such land shall be not more than the 50 meters prescribed for the Green Belt.

(ii) They will pay the proportionate external and internal charges to the HSIDC as and when it is required by the authorities.