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impossible that all should do so. Levels have to be raised
or lowered, roads made, drainage and lighting provided, and building lots must be laid out according to a comprehensive
scheme of town-planning. It is not reasonable that a land-
holder should exchange rough agricultural land for build ing
land prepared at considerable expense, unless he pays his share of the cost of the general development.
9.
The Government also charges a premium in respect of the conversion of agricultural land into building land for purposes of the erection of residences of European
type. Of recent years speculators have made it their practice to buy small agricultural holdings in the most promising positions and to claim the right to build
regardless of the rights of adjoining owners. In such
cases it is made a condition of the grant of access over Crown land that a premium is paid and that the site is laid out in such a manner as not to interfere with the rights of
other owners. The Government has usually an additional
lever in these cases in the fact that some small area of
Crown land is required to round off the lot purchased.
The petitioners' principal grievance lies in the fact that compensation for land resumed is assessed upon the value of the land as actually used, and no allowance is made in respect of expectancy or potential value. Where no conversion has taken place or been applied for, or where it has been applied for solely in anticipation of the development for which the resumption is undertaken, the Government declines to pay more than the very full value of the land when devoted to the purpose for which it is in fact used. This practice is undoubtedly in accordance with
Chinese law and custom which do not recognise any potential
value in land apart from its immediate value assessed according to user, and assessed moreover according to tax
paid.
10.
11.