Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950:Arlicle 136 - Exercise of power under- Scope of - Held: Power thereunder is exercisable not only against judgment of reversal on facts but also in cases of concurrent findings off act - Supreme Court would ordinarily not interfere with the findings of fact arrived at by High Court unless conclusions of High Court are manifestly perverse or unsupporlable from evidence on record - On facts, findings made by High Court were arbitrary causing serious miscarriage of justice as against the claimant by denying him a just and reasonable compensation for properly acquired from him by the State Therefore powers under Arl.136 is exercisable. Land Acquisition Act, 1894:Market value of acquired properly - Burden to prove - Held: ts on the State that has acquired it for a parlicuar purpose - On facts, burden of proving inadequacy of the amount successfully discharged by claimant - Onus then shifted to State to adduce sufficient evidence to sustain the award - State completely failed to discharge the burden - Enhancement order by reference court restored - Evidence Burden to prove market value of property. Compensation provision of the Act is in the nature of a welfare stipulation - State government must be just and fair to those whose land it acquires - It is not just and fair to deprive the owner of any property without payment of its true market value, especially when the law provides that the same shall be paid - Welfare legislation. The land belonging to appellant was acquired by the State Respondent. Land Acquisition officer passed an award of compensation of Rs.40,2261- in favour of the appellant. Reference Court increased the same to Rs. 830001-. State Government filed appeal before High Court. High Court disbelieved the evidence and the witnesses produced by the appellant and set aside the order of ~ Reference court and restored the order of Land Acquisition officer.(1) Whether this court, in the exercise of its power under Article 136 of the Constitution of India, would be entitled to examine the findings of fact arrived at by the High Court while reversing the findings of fact arrived at by the Reference Court and whether this Court in the exercise of its power under Article 136 of the Constitution of India is also entitled to set aside the findings of fact arrived at by the High Court on the ground that the judgment of the High Court was not a proper judgment of reversal, and (2) Whether the evidence adduced by the appellantclaimant to discharge his burden of proving that the compensation awarded by the Land Acquisition Officer was inadequate, thus justifying enhancement as ordered by the Reference Court was sufficient and reliable. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2009 INSC 314 |
Petitioner | Mahesh Datiatray Thirthkar |
Respondent | State Of Maharashtra |
SCR | [2009] 3 S.C.R. 1122 |
Judgement Date | 2009-03-04 |
Case Number | 1526 |
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