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SUPREME COURT OF INDIA
BEFORE K. RAMASWAMY AND K.S. PARIPOORNAN, JJ.
UNION OF INDIA AND OTHERS
Versus
SUNIL CHANDRA SAHA AND ANOTHER
Civil Appeals Nos. 5559-60 of 1994{From the Judgment and Order dated 27-11-1992 of the Assam High Court in M.A. (F) No. 8 of 1988 & M.A. (F) No. 175 of 1989} and Nos. 5561-93,
5594-5610 of 1994 and 3196, 7208-7220 of 1995,
decided on 25-7-1995
Advocates appeared:
A.S. Nambiar, Senior Advocate (L.K. Gupta, T.C. Sharma and Ms Anil Katiyar, Advocates, with him) for the Appellants;
N.R. Choudhury, Som Nath Mukherjee, Sanjay Parikh, T. Sridharan and K.K. Gupta, Advocates, for the Respondents.
Legally Admissible Evidence - Land Acquisition - The appellants-beneficiaries are entitled to 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. The absence of relevant and material evidence makes it difficult to determine compensation in respect of the acquired lands. 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.
Fact of the Case:
The claimants and the Land Acquisition Officer did not adduce any legally admissible evidence in proof of the market value prevailing as on the date of notification or in rebuttal. The appellants had no notice nor an opportunity to adduce evidence.
Finding of the Court:
The appellants-beneficiaries are entitled to 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. The absence of relevant and material evidence makes it difficult to determine compensation in respect of the acquired lands. 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.
Issues: Lack of legally admissible evidence, entitlement to notice and participation in the award inquiry and reference, determination of compensation for acquired lands.
Ratio Decidendi: The appellants-beneficiaries are entitled to 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. The absence of relevant and material evidence makes it difficult to determine compensation in respect of the acquired lands.
Final Decision: 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.
ORDER
1. Leave granted in the SLPs.
2. 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 notification or in rebuttal. The appellants-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 distance of 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 appeals 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.
3. The appellants are directed to appear before the reference court on 28-8-1995. 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 28-8-1995 after giving opportunity to all the parties.
4. No costs.
For Citation: 1995(5) SCC 311
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