( 1 ) THIS Review Petition has been filed to review the Judgment and decree dated 30-8-1988 passed in A. S. No. 419 of 1981.

( 2 ) THE main ground taken for the review is that the Judgment in A. S. No. 419/81 is contrary to the judgment reported in Brig Sahib Singh Kail v. Amritsar Improvement Trust AIR 1982 SC940. The contention of the petitioner is that in the above said judgment of the Supreme Court it is categorically held that only 20 to 33 per cent should be deducted towards development expenses. Nevertheless, in the judgment under review a deduction of 50% has been made towards development expenses, which is said to be contrary to the judgment of the Supreme Court. Moreover, it is also urged that in Administrator General of W. B. v. Collector Varanasi AIR 1988 SC 943 it was held that 53% should be deducted towards developmental expenses which is only a printing error. The Supreme Court has arrived at the said percentage of 53 relying on the Judgment in Sahib Singh Kalha v. Amritsar Improvement Trust AIR 1982 SC 940 in terms of which it was not held that 53 per cent was deducted towards roads and other developmental expenses.

( 3 ) IN the Judgment under review the learned Jud

Click Here to Read the rest of this document