NDLI: The Executive Engineer, M.i.w. Vs. Vitthal Damodar Patil and Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	no proper analysis of the oral evidence Land Acquisition Act ss. 4 award passed 18 1894 land acquired for public purpose reference proceeding
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Land Acquisition Act, 1894 – ss. 4, 18 – Land belonging to the respondents was acquired for public purpose – Special Land Acquisition Officer passed an award fixing the price at the rate of Rs.59,800/- per hectare for Jirayat land and Rs.1,500/- per hectare for pot Kharab land – Possession of the acquired land taken – Respondents, preferred reference u/s.18 of the Act – Decided – Dissatisfied, respondents appealed before the High Court – Partly allowed, compensation enhanced – On appeal, held: Neither the Reference Court nor the High Court analysed the evidence of the witness examined by the respondents in its proper perspective, particularly in the context of the issues raised by the appellant about his competency, capability and including the procedure followed by him in preparing the valuation report relied by the respondents – Further, the High Court misapplied the decision in Chindha Fakira Patil – High Court relied upon the subject valuation report essentially because the same witness had prepared a similar valuation report and submitted it in some other reference proceeding, which came to be accepted by Supreme Court in the case of Chindha Fakira Patil – Said decision is of no avail because every reference proceeding must be decided on the basis of the evidence produced and the issues raised by the parties in the concerned proceeding – In the present case, there is no proper analysis of the oral evidence and moreso the efficacy of lengthy cross-examination of the said witness by the appellant in respect of matters such as his eligibility, competence and including credibility, reliability and admissibility of the evidence given by him regarding the contents of the valuation report – Impugned judgment set aside – No opinion expressed on any issues raised in the present appeal – Parties relegated before the High Court for consideration of the appeal, afresh, on its own merits and in accordance with law.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 702
Petitioner	The Executive Engineer, M.i.w.
Respondent	Vitthal Damodar Patil And Anr
SCR	[2019] 9 S.C.R. 954
Judgement Date	2019-07-01
Case Number	5125

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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The Executive Engineer, M.i.w. Vs. Vitthal Damodar Patil and Anr

The Executive Engineer, M.i.w. Vs. Vitthal Damodar Patil and Anr

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