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2008 Supreme(SC) 2002

SUPREME COURT OF INDIA
S.B. SINHA, CYRIAC JOSEPH, JJ.
Deputy Collector, Land Acquisition Gujarat and another - Appellants
Versus
Madhubai Gobarbhai and another - Respondents
Civil Appeals No. 204 of 2000 with No. 213-19, 205-12, 221-324, 325-31, 4090-91 of 2000, 2973-78 of 2001.
Decided on : 23-10-2008

Advocate Appeared:
Yashank, Adhyaru, R.P. Bhatt and Sunil Kr. Gupta, Senior Advocate (Mas Hemantika Wahi, L.N. Pujari, Ms. Pinky, S.K. Enatoli Sema, somnath, Ms. Kirti Renu Mishra, Chirag M. Shroff, Ms. Saroj Raichura, H.A. Raichura, Mukesh Kr. Singh, Manish Singhvi, Atul Jha, Dharmendra Kr. Sinha, Sakesh Kumar and Rameshwar Prasad Goyal, Advocates.

The overruling of a previous decision by the Supreme Court can influence the admissibility of additional documents and grounds in a case.

Headnote:

Additional Documents - Land Acquisition - The court allowed the appellants to adduce additional documents and urged additional grounds based on the overruling of a previous decision by the Supreme Court.

Fact of the Case:

The Reference Court refused to take on record some deeds of sale sought to be exhibited on behalf of the State, citing a previous decision of the Supreme Court.

Finding of the Court:

The court allowed the applications for permission to adduce additional documents and to urge additional grounds based on the overruling of the previous decision by the Supreme Court.

Issues: Admissibility of additional documents and grounds based on the overruling of a previous decision.

Ratio Decidendi: The overruling of the previous decision by the Supreme Court allowed for the admissibility of additional documents and grounds in the case.

Final Decision: The applications for permission to adduce additional documents and to urge additional grounds were allowed, and the documents annexed to the said applications were directed to be taken on record as marked exhibits.

ORDER :

Cyriac Joseph, J.

Mr Yashank Adhyaru, learned Senior Counsel appearing on behalf of the appellants places before us applications for permission to adduce additional documents and to urge additional grounds from a perusal whereof it appears that the Reference Court having regard to the decision of this Court in P. Ram Reddy v. Land Acquisition Officer, HUDA, (1995)2 SCC 305 refused to take on record some deeds of sale which were sought to be exhibited on behalf of the State.

2. It, however, stands admitted that P. Ram Reddy case1 has since been overruled by decisions of this Court in Land Acquisition Officer & Mandal Revenue Officer v. U. Narasaiah, (2001)3 SCC 530, Ranvir Singh v. Union of India, (2005)12 SCC 59 and Cement Corpn. of India Ltd. v. Purya, (2004)8 SCC 270. In that view of the matter, applications for permission for urging additional grounds are allowed and the documents annexed to the said applications are directed to be taken on record as marked exhibits.

3. Mr Adhyaru, learned Senior Counsel further states that a plan earmarking the places which are the subject-matter of the said transactions shall be supplied to the learned counsel appearing on behalf of the respondents in different cases with a chart within two weeks from today. The respondents may file their response thereto within two weeks thereafter.

4. List after four weeks.

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