Union of India Vs. Sunil Chandra Saha & Anr [1995] INSC 325 (25 July 1995)
Ramaswamy,
K. Ramaswamy, K. Paripoornan, K.S.(J)
CITATION:
1995 SCC (5) 311 1995 SCALE (4)767
ACT:
HEAD NOTE:
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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