Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894-Sections 4(1) & 18 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894-Sections 4(1) & 18--Punjab Town Improvement Act, 1922-Acquisition of land for expansion of municipal town-Award made by Collector binds Improvement Trust-Claim for enhanced compensation-claimant to establish that amount awarded by Land Acquisition Officer is inadequate-Mutation entries-Inadmissible evidence-Sale instances referred to in award of Land Acquisition Officer-Not proved-They can neither be relied on nor can be looked into as evidence-Award of Tribunal not made part of evidence before court-Court not to look into that award.Constitution of India-Article 136-Appeal-Land Acquisition case- Market value determined by Tribunal based on appreciation of evidence-Supreme Court not to interfere with compensation so determined on appeal under Article 136.Land Acquisition (Amendment) Act 68 of 1984-Additional benefits- Notification published on 1-8-1975-Award of collector dated 27.1.1977- Possession of lands taken in 1977 and 1979-Benefits of enhanced solatium and interest-Allowed-Additional amount u/s 23(1-A)-Disallowed.Certain Land was acquired for the public purpose of expansion of municipal town under the Punjab Town Improvement Act, 1922 by publication of the Notification dated 1-8-1975. The Land Acquisition Collector by his award dated 27-1-1977 determined the compensation. On reference, the Tribunal by its award dated 2-3-1984 enhanced the compensation. The High Court upheld the award of the Tribunal in the Writ Petition filed by the claimants for further enhancement. Hence this appeal. The claimant contended that in a subsequent award, the Tribunal had awarded compensation at the rate of Rs. 1000 and Rs. 800 per maria. Both the lands were acquired under the same Notification and therefore, the appellant also was entitled to the same rate. It was contended that the award in that case had since been challenged by the respondent in the High Court, this matter might be remitted to the High Court for reconsideration on the basis of the subsequent award. It was also alleged that even otherwise the sale transactions indicated in the award of the Land Acquisition Officer showed that the lands in the neighbourhood had higher market value than the compensation granted by the Tribunal for the acquired lands and that, therefore, the appellant also was entitled to the higher compensation at the same rates and for additional benefits awardable under the Land Acquisition (Amendment) Act 68 of 1984.The respondent contended that the appellants were not entitled to any further enhancement. The sale instances referred to in the award of the Land Acquisition Officer were not proved by adducing any evidence before the arbitrators and that, therefore, it was not a matter for the Supreme Court to reconsider the evidence. It was alleged that the award of the Tribunal was challenged in the Writ Petition under Article 226 of the Constitution and when the High Court itself was not competent to reappreciate the evidence and had come to a different conclusion than what was held by the Tribunal on fact, this Court also should not embark upon appreciation of evidence and come to a different conclusion. He further contended that the award of the Tribunal was the subject matter of the Writ Petition and since that Writ Petition was pending, it was not open to this Court to reappreciate the evidence and give enhanced compensation on that basis. |
Judge | N/A |
Neutral Citation | 1995 INSC 73 |
Petitioner | Major Pakhar Singh Atwal And Ors. |
Respondent | State Of Punjab And Ors. |
SCR | [1995] 1 S.C.R. 535 |
Judgement Date | 1995-01-24 |
Case Number | 874 |
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