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1996 Supreme(P&H) 1719

V.S.AGGARWAL, M.S.LIBERHAN
Pritpal Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

M.S.Liberhan and V.S.Aggarwal JJ.

1. This order of ours will dispose of LPA Nos. 827, of 1985, 828 of 1985 and 829 of 1985 as same questions of facts and law arise in the three appeals. Facts are taken from LPA No. 827 of 1985.

2. 2.76 acres of land was acquired vide Notification dated 2.6.1978 for construction of road. Learned counsel for the parties accept that the land was within the municipal limits and the width of acquired land is 115 feet only. The land in dispute abuts the G. T. Road. Learned counsel for the parties have no serious dispute in assessing the market value of the land abutting the G. T. Road @ 1,50,000/- as has been confirmed by Honble Single Judge relying upon the award as A/23 and A/24 as instances for assessing the market value as prevalent on the date of acquisition.

3. The only challenge made by counsel for the appellant-claimant is that the value of the land beyond 75 feet assessed @ Rs, 33,000/- is erroneous. It does not represent true market value of the land in dispute. On perusal of the site plan we are of the considered view that it is not a fit case in which principle of belting could or should be adopted. Belting was adopted on excusals. In

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