Indore Development Authority Vs. Smt. Satyabhama
Bai & Ors  INSC 889 (5 August 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 SCALE (6)38
APPEAL NOS. 4847-48 AND 4849-50 OF 1995
O R D
under Section 4(1) of the Land Acquisition Act, 1894 was published on January 12, 1979. The possession of the land was
taken on August 25,
1980 dispensing with
the enquiry under Section 5-A by exercise of the power under Section 17(4). The
Land Acquisition Officer granted compensation in his award under Section 11 on May 26, 1980 Rs.44,000/- per hectare. On
reference, the civil Court by its award dated March 28, 1990 enhanced the compensation to Rs.1.50 per sq.ft. with solatium
and interest thereon. The claimants filed the appeals and State filed the cross
appeals. The High Court by its judgment and order dated August 31,1994 relying upon Exs.P-5 to P-8 and the
sale deeds marked thereof under Section 51-A of the Act enhanced the
compensation to Rs.3/- per sq.ft. Thus, these appeals by special leave.
now well settled legal position as laid in the case of P. Ram Reddy & Ors. vs.
Land Acquisition Officer, Hyderabad
Urban Development Authority, Hyderabad & Ors. [(1995) 2 SCC 305] followed by
catena of other decisions that filing of the certified copies of the sale deeds
and marked thereor under Section 51-A is only to enable the claimants to
dispense with the obligation, to produce the original sale deed from the owners
who are disinclined to part with their valuable title deed during long pendency
of: the proceedings. However, the claimants are enjoined to call as witnesses
the vendee or vendee to prove the transactions as genuine in nature and also
the extent of consideration paid and relative nature of value of land as
required under law. In this case though the documents, Exs.P-5 to P-8 have been
marked, none of the persons connected with the documents has been examined.
these circumstances, the sale deeds cannot be relied on to determine the
compensation. The High Court and the Tribunal, therefore, obviously committed
grievous error of law in relying upon those untested and unproved sale deeds in
determining the compensation. The award or the reference Court and also that of
the High Court stands set aside. The matter is remitted to the reference Court
for disposal in accordance with law.
the appeals are allowed, out, in the circumstances without costs.
to the interim order passed by this Court on April 21, 1995, the respondents in C.A. SLP (C) Nos. 21466- 67/94 had
furnished the bank guarantee to the extent of the half of the enhanced
compensation and have withdrawn the same. The order would continue pending
disposal of the reference application under Section 18 of the Act and depending
upon the award that may be passed, appropriate direction will be given, by the
reference Court for adjustment or recovery thereof.
Pages: 1 2