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1995 Supreme(SC) 752

K.RAMASWAMY, K.S.PARIPOORNAN
Municipal Committee, Bhatinda – Appellant
Versus
Balwant Singh – Respondent


Advocates:
Ashok Sudan, AVADH BIHARI ROHTAGI, GOPAL SUBRAMANIUM, K.K.GUPTA, K.R.MOHAN, Mukul Mudgal, Muni Lal Verma, N.D.GARG, Namita Sharma, O.P.Sharma, R.C.GUBRELE, R.K.GARG, RAJIV DHAWAN, S.Baggar, S.K.Bagga, Tanuj Bagga, VIVEK AGRAWAL

ORDER

1. Notification under Section 4(1) was published in the State Gazette on 9-4-1976 acquiring an extent of 116 acres of the agricultural lands for the purpose of establishing Water Treatment Plant and other allied public purposes. The Land Acquisition Collector in his award dated 20-3-1979 awarded compensation up to a depth of 100 yards at the rate of Rs 50,000 per acre and for the rest of the land he awarded compensation at the rate of Rs 15,000 per acre. On reference under Section 18 of the Act, the Additional District Judge by his award and decree dated 9-8-1982, enhanced the market value to a depth of 50 yards at the rate of Rs 1,50,000 per acre and 50 to 100 yards at the rate of Rs 60,000 per acre and for the rest at the rate of Rs 50,000 per acre. On further appeal, the learned Single Judge while upholding the principle of belting made by the Land Acquisition Collector disagreed with the principle of belting, distinction between 50 yards and 100 yards, and granted market value at the rate of Rs 1,50,000 up to a depth of 100 yards and Rs 65,000 per acre for the rest of the land. On letters patent appeal, the Division Bench by its judgment and decree dated 11-4-1991, granted














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