Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Greater Mohali Area Development Authority (Gmada), Through Its Estate Officer – Appellant
Versus
Arminderjit Kaur – Respondent
JUDGMENT :
HARKESH MANUJA, J.
CM No.546-CI & 547-CI of 2023 in RFA No.3096 of 2017 By way of present application(s) filed under Order 41 Rule 27 Civil Procedure Code, 1908 (for short ‘CPC’) read with Section 151 CPC, a prayer has been made for producing certain documents on record in the form of sale deeds and site plans etc. as Annexures A-1 to A-22, by way of additional evidence and seeking exemption from filing certified copies/true typed copies thereof.
In pursuance to the notice of the application on 28.02.2023, today reply has been filed on behalf of the respondent(s)/landowner(s), the same is taken on record.
I have heard learned counsel for the parties and gone through the contents of the application.
A perusal of the records shows that the sale instances sought to be produced by way of additional evidence as Annexure A-3 to A-20 are all photostat copies and thus, cannot be permitted to be produced in additional evidence. Even no effort has been made by the applicant/appellant to place on record the certified copies of such sale instances so as to draw benefit in terms of Section 51-A of the Land Acquisition Act, 1894. Besides it, the other documents sought to be produced are m
The main legal point established in the judgment is the relevance of sale instances/exemplars from the acquired land for determining the market value and the appropriateness of deductions towards dev....
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
