Bal Raj Tuli, J. - (1.) THIS order will dispose of 21 writ petitions (Nos. 87, 125, 155, 161, 191, 194, 225, 247, 251, 282, 303, 304; 307, 312, 327, 357, 408, 424, 471, 488 and 646 of 1975), as they challenge the validity and constitutionality of certain provisions of the Punjab Betterment Charges and Acreage Rates Act, 1952 (hereinafter referred to as the Act) and the Rules framed thereunder, as are applicable to the State of Haryana. The Act received the assent of the Governor of Punjab on January 5, 1953, and was published in the Punjab Government Gazette (Extraordinary), dated January 21, 1953, and came into force in the territories comprised in the then State of Punjab on that date. The Patiala and East Punjab States Union also enacted the Pepsu Betterment Charges and Acreage Rates Act, 1954, which was in force in the territories of that State when the merger of the two States of Punjab and Pepsu took place with effect from November 1, 1956. Thereafter, it was considered desirable that in the new Punjab State there should be one Act governing the levy of betterment charges and acreage rates. Consequently, Sub -section (2) of Section 1 was substituted as under by Section 2 of Punjab Act No. 12 of 1958: 1. (2) It shall extend to the territories which, immediately before the 1st November, 1956, were comprised in the State of Punjab and Patiala and East Punjab States Union. This Amending Act received the assent of the Governor of Punjab on April 21, 1958, and was brought into force on November 15, 1958, by Punjab Government notification of that date. From that date the Act became applicable to the entire State of Punjab, as was constituted on November 1, 1956, and as a result of the reorganisation of that State, with effect from November 1, 1966, the Act has continued to apply to the State of Haryana.
(2.) THE object of this enactment was to make a levy from the landowners who irrigated their lands from the various irrigation schemes including Bhakra -Nangal Project undertaken by the State, as contribution towards meeting the expenditure of those projects. The statement of objects and reasons, as published in the Punjab Government Gazette (Extraordinary), dated October 28, 1952, reads as under: Statement of objects and reasons. - -With a view to rehabilitating the agricultural economy of the State, the Government of Punjab have undertaken the construction of a number of irrigation schemes, including the Bhakra -Nangal Project. This has entailed enormous expenditure and large loans have been taken and heavy investments made. It is, therefore, necessary and proper that a levy should be made from the landowners benefited thereby as a contribution towards meeting the said expenditure. 2. The betterment charges leviable in respect of lands in an irrigation scheme may amount to not more than one -half of the difference between the value of the lands before any work in connection with the scheme was undertaken and their estimated value after the coming into operation of the scheme. An elaborate procedure has been prescribed for ensuring that the charges are equitable. The acreage rates are intended to cover the expenditure incurred by the Government in undertaking sub -division of the lands included in an irrigation scheme into one acre fields or in undertaking level, topographical or soil surveys or in constructing watercourses or village roads therein. In these petitions, we are not concerned with the acreage rates. 3. The Act was further amended by Punjab Act No. 7 of 1959, and the relevant sections of the Act are under: Section 2(b). - -'betterment charges' means the charges levied under Section 4 on lands included in an irrigation scheme; (c) 'canal' includes: (i) all parts of a river, stream, lake or a natural collection of water or natural drainage channel to which the provisions of Part II of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) apply; (ii) all canals, channels, reservoirs, wells, tubewells and lift irrigation arrangements constructed, maintained or controlled by the Government for the supply or storage of water; (iii) all Works, embankments, structures, supply and escape channels connected with such canals, channels, reservoirs, wells, tubewells or lift irrigation arrangements: (iv) all watercourses, that is to say, all channels which are supplied with water from a canal but which are not maintained at the cost of the Government, and all subsidiary works belonging to any such channels; (d) 'cost of an irrigation scheme' means the total financial liability accruing from the loan contracted or the investment made, the interest thereon, the cost of maintenance and operation of the scheme or of an extension thereof or of an extension as a result thereof, with reference to the period during which the said liability has to be discharged; (f) 'irrigation scheme' means any such scheme as is referred to in Section 3; (h) 'prescribed' means prescribed by rules made under this Act; (j) the expressions 'Canal Officer' and 'Divisional Canal Officer' have the meanings respectively assigned to them in the Northern India Canal and Drainage Act, 1873 (VIII of 1873); (jj) 'matured area' means such area of land, included in the irrigation scheme, which is subject to payment of occupiers' rate under Section 36 of the Northern India Canal and Drainage Act, 1873 (Act No. VIII of 1873) during any harvest. 3. Irrigation schemes and notification of proposal to levy betterment charges. - -Where any scheme has come or comes into operation after the 15th day of August, 1947, for any one or more of the following purposes, namely: (i) the irrigation of lands from any existing or projected canal; (ii) the extension of irrigation of land situate within the approved irrigation boundary of an existing canal; (iii) the improvement of irrigation supply or capacity factors or water allowances to lands already irrigated; (iv) the provision for or the improvement of drainage or any reservoir, dam or embankment constructed, maintained or controlled by the Government for the supply or storage of water, the Government may proceed to levy betterment charges in respect of the lands which are included or are likely to be included in the irrigation scheme by notifying in official Gazette a copy of which shall be pasted at a conspicuous place in the village affected and in such other manner as may be prescribed its intention so to do, and shall specify in such notification such particulars respecting the proposed levy as it may think necessary including particulars respecting the type and extent of irrigation proposed: Provided that no betterment charges shall be levied in relation to an irrigation scheme where the charges ordinarily leviable under other laws for the time being in force are sufficient to cover the cost of the scheme: Provided further that the amount of the betterment charges recoverable from any scheme will be limited to the difference between the investment on the scheme and such part of it as may make it productive. Explanation I. - -'Capacity factor' means the ratio of the mean supply to the authorised full supply discharge of a channel, and 'mean supply' for a period connotes the sum of the daily supply in cusecs divided by the number of days during that period. Explanation II. - -Water allowance' means the designed number of courses of outlet or distributary capacity per thousand acres of land included in an irrigation scheme. Explanation III. - -'Cusecs' is unit of discharge, and means the rate of flow of one cubic foot of water per second
(3.) PROCEDURE for levy of betterment charges. - -(1) At any time after the expiry of one month from the date of the publication of the notification referred to in Section 3, the Government may cause schedule of betterment charges to be prepared for all lands or class of lands included in an irrigation scheme showing the rates at which the charges shall be leviable on the lands and payable by the landowners and occupancy tenants thereof and the proportions in which the charges shall be so payable. (2) In preparing a schedule under subjection (1) for the levy of betterment charges in respect of any irrigation scheme regard shall be had to the following) namely: (a) the type of irrigation; (h) the improvement, in irrigation; (c) the extent of betterment accruing to the lands. (3) A draft of the schedule prepared under Sub -section (1) shall be published in the official Gazette, a copy of which shall be pasted at some conspicuous place in the area affected and in such other manner as may be prescribed. (4) Any landowner or occupancy tenant who may be affected by the proposed betterment charges may, within sixty days from the date of the publication of the schedule in the official Gazette, or from the date of its publication in the village, whichever is later, present a petition in writing to the Government stating his objections, if any, to the levy of the betterment charges or the rate thereof. (5) After considering the objections and* after making such further inquiry into the matter as the Government may think fit, the Government shall determine the final schedule of betterment charges and cause the same to be published in the official Gazette, and in such other manner as may be prescribed.;