1. Land acquisition for public purpose under the Land Acquisition Act, 1894 — Dispute regarding compensation enhancement under Section 18. (Para 2 )
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1997 Supreme(SC) 580
1997(3) Supreme 740
SUPREME COURT OF INDIA
K. Ramaswamy, G.B. Pattanaik, JJ.
U.P. State Road Transport -Appellant
versus
State of U.P. & Ors. -Respondents
Civil Appeal No. 4980-4986 of 1995
Decided on 27-3-1997
Counsel for the Parties:
For the Appellant, Pramod Swarup, Advocate.
For the Respondents, S.K. Verma, Chandra Sekher, I.M. Khan, M.A. Khan, Advocates.
Important Points
Sale deeds filed to support claims for higher compensation in land acquisition proceedings are not legally admissible unless the vendor or vendee is examined to substantiate the documents.
Subject
Land Acquisition - Compensation
Act Referred
Headnote
Land Acquisition Act, 1894-Sections 4(1) & 23-Reference Court enhanced compensation to Rs. 25/- per sq. yard-Land Acquisition Officer had awarded at the rate of Rs. 11.25 per sq. yard-Two sale deeds were filed in support of claim for higher compensation-Neither the Vendor nor vendee had been examined-Sale deeds were not the evidence legally admissible-Reference Court did not consider claim in legal perspective and its award was liable to be set aside. (Para 3)
Legal Category Hierarchy
Table of Contents
2. Dispute over the adequacy of compensation and the validity of the High Court's dismissal of appeals based on limitation. (Para 2 )
3. Sale deeds are not legally admissible evidence for determining compensation if the vendor or vendee is not examined to substantiate the documents. (Para 3 )
4. Documentary evidence of sale transactions must be substantiated by the examination of the parties involved to be legally admissible. (Para 3 )
5. Appeals allowed — Award and decree set aside — Matter remitted to reference Court for fresh evidence and determination of compensation. (Para 3 , 4 )
6. Whether sale deeds can be relied upon for determining land compensation without examining the parties to the deed?
No, sale deeds are not legally admissible or to be considered if neither the vendor nor the vendee has been examined to substantiate those documents. (Para 3 )
ORDER
These appeals by special leave arise from the orders of the Division Bench of the Allahabad High Court, made on October 17, 1994 in F.A. No. 271/1994 and batch.
2. The Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the "Act") was published on June 3, 1979 acquiring a total extent of 24.9 acres of land for public purpose, namely, for establishment of road transport depot. The Land Acquisition Officer awarded compensation at the rate of Rs. 11.25 per sq. yard. On reference under Section 18 of the Act, the Additional District Judge by his award and decree enhanced the compensation to Rs. 25/- per sq. yard. On appeal, the Division Bench of the High Court has dismissed the appeals on the ground of limitation. Thus, these appeals.
3. On our direction the learned counsel for the parties have placed on record the adduced evidence. It is now admitted position that two sale deeds had been filed in support of the claim for higher compensation but neither the vendor nor the vendee has been examined to substantiate those documents which is not the evidence legally admissible nor to be considered. The reference Court also did not properly consider the claims in the legal perspective. Thus, we find that the approach adopted by the High Court as well as the reference Court is not correct in law. However, we are not expressing any opinion on merits. We set aside the award and decree of the reference Court and that of the Division Bench of the High Court. The matter is remitted to the reference Court with a direction to give opportunity to the parties to adduce evidence afresh, consider the same in the light of the law laid down by this Court and then decide the compensation accordingly within six months from the receipt of this order.
4. The appeals are, accordingly, allowed but, in the circumstances, without costs.
Appeal allowed. Matter remitted.
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Parallel Citations of other Journals :
U.P. State Road Transport v. State of UP & Ors., 1997(3) Supreme 740 : JT 1997(4) SC 555
00023
