Land compensation for uneven pit land upheld where development requirement and comparable awards supported the fixed rate.

Compensation for land containing deep pits was not further enhanced because the land required development before it could be treated on par with levelled land, and comparable awards at the same rate had already attained finality. The High Court had considered the material facts, including the disparity between pit land and levelled land, and fixed a uniform rate of Rs. 7,000 per bigha. In the absence of compelling material to disturb that assessment, the challenge to the compensation determination failed.

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Issues: Whether the compensation of Rs. 7,000 per bigha awarded for land with deep pits of 8 to 10 feet required further enhancement.

Analysis: The land had to be developed before it could be brought on par with levelled land, and the record showed that in similar matters compensation at the same rate for such land had already been awarded and had attained finality. The High Court had considered the relevant facts, including the need for development and the disparity between pit land and levelled land, and fixed a uniform rate of Rs. 7,000 per bigha. No compelling material was shown to justify interference with that determination.

Conclusion: The compensation award did not call for further enhancement and the challenge to it failed.

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