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1987 (8) TMI 83 - SUPREME COURTClarification of the judgment Dr. Balbir Singh v. Municipal Corporation, Delhi [1984 (12) TMI 64 - SUPREME Court] Held that:- When at a different stage, additional construction was raised on the property already valued, the market value of the land was not to be taken into account as it had already been considered while fixing the valuation of the pre-existing construction. The Corporation did not challenge the correctness of the decision but only wanted clarification. Since the matter has been directly decided and there is absolutely no ambiguity, an application of this type on behalf of the Corporation does not lie. We were told by Mr. Salve, learned counsel for Common Cause, that their application had emanated when the Corporation wanted to act contrary to the judgment of this court in regard to this category of constructions. Later on, the Corporation wanted the cover of a clarificatory order of this court for the procedure adopted by it for reflecting the market value of the land more than once in situations appertaining to this category. On our finding that this court has categorically decided that the market value of land is not to be added over again, there is no ambiguity which requires clarification. We decline to make any clarificatory order as there is no necessity. Petitions dismissed.
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