Union Of India Etc vs Sunil Chandra Saha & Anr. Etc
- SCC(1995) 5 SCC 311
- Neutral1995 INSC 413
- SCR[1995] Supp (2) SCR 316
Ratio decidendi
The rule this decision rests on
In proceedings under the Land Acquisition Act for determination of compensation, the beneficiaries of acquisition are entitled to notice and opportunity to participate in the award inquiry and reference proceedings and to adduce evidence in rebuttal of claims for higher compensation. Evidence of market value as on the date of notification must consist of legally admissible evidence, which requires that sale deeds be examined through examination of the vendor and vendee regarding the circumstances of execution, comparability to the acquired land, and nature of the respective lands, rather than merely marking sale deeds without such examination. Where neither the claimants nor the Land Acquisition officer have adduced legally admissible evidence of market value as on the date of notification, and the beneficiaries have been denied notice and opportunity to adduce rebuttal evidence, the award and decree must be set aside and the matter remitted to the reference court for fresh determination with full opportunity to all parties to adduce legal evidence.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
AND C.A Nos. 5561-83, 5594-5610/94 & 3196/95 and C.A Nos. 7208- 7220/95 @ SLP (c) Nos. 15134-146/94 O R D E R Leave granted on the S.L.Ps.
We do not propose to express any opinion on merits. Suffice it to state that neither the claimants nor the Land Acquisition officer had adduced any legally admissible evidence in proof of the market value prevailing as on the date of the market value prevailing as on the date of notification or in rebuttal. The appeallants-beneficiaries are entitled to a notice and participation in the award inquiry as well as in the reference and could adduce evidence in rebuttal to the claim of higher compensation. Unfortunately, the appellants had no notice nor an opportunity to adduce evidence. Both the claimants and the Land Acquisition officer merely marked the sale deeds without examining either the vendor or the vendee to bring on record the circumstances in which the sale deeds came to be executed, the lands to the acquired lands, the nature of the respective lands and whether they would offer comparable sales to determine just and fair market value to the acquired lands. In the absence of such relevant and material evidence it would be difficult to determine compensation in respect of the acquired lands. The appeal are allowed accordingly. The award and decree of the Reference Court as confirmed by the High Court stand set aside. The cases are remitted to the reference court for disposal.
The appellant are directed to appear before the reference court on August 28, 1995. Parties are at liberty to adduce such legal evidence as is necessary to determine true and correct market value of the land prevailing as on the date of the notification. The reference court is directed to consider and dispose of these cases within three months from August 28, 1995 after giving opportunity to all the parties.
no costs.
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