Case Note & Summary
The case arises from a land acquisition matter where the appellant, Laxman s/o Kisan Haste, filed First Appeal No.942 of 2008 against the State and another respondent. The appeal challenged the judgment and order dated 26.2.2007 passed by the Civil Judge (Sr.Dn.), Pandharkawada/Kelapur in Land Acquisition Case No.247 of 2002 (Old L.A.C. No.122 of 1997), which rejected the appellant's claim for enhancement of compensation. The appellant filed Civil Application No.2348 of 2009 seeking permission to file copies of depositions, valuation report, and sale instances as additional evidence on record. The application had been pending since 25th January 2009, and no reply was filed by the respondents. The learned A.G.P. for the respondents sought an adjournment on the ground that the appellant had not supplied a copy of the application and that he wanted to verify. The court found this not to be a valid ground for adjournment, especially when the application was for permission to file additional evidence. The court observed that the impugned judgment needed to be reversed in the interest of justice because important evidence in the form of copies of depositions, valuation report, and sale instances was not admitted by the Reference Court. The court held that the parties ought to be given an opportunity to lead additional evidence. Consequently, the impugned judgment and order was reversed with a direction to the Reference Court to admit the additional evidence and thereafter decide the claim afresh after giving an opportunity to the parties to lead evidence as they may desire. The Civil Application was disposed of accordingly.
Headnote
A) Land Acquisition - Compensation Enhancement - Additional Evidence - The appellant sought permission to file additional evidence in the form of copies of depositions, valuation report, and sale instances, which were not admitted by the Reference Court. The High Court held that the impugned judgment needed to be reversed in the interest of justice to allow the parties an opportunity to lead additional evidence. The Reference Court was directed to admit the additional evidence and decide the claim afresh after giving opportunity to both parties. (Paras 1-2)
Issue of Consideration
Whether the impugned judgment and order rejecting the claim for enhancement of compensation should be reversed to allow the appellant to lead additional evidence in the form of copies of depositions, valuation report, and sale instances.
Final Decision
The impugned judgment and order is reversed with a direction to the Reference Court to admit additional evidence in the form of copies of depositions, Valuation report and sale instances as may be lead on behalf of the appellant and thereafter, to decide the claim afresh after giving an opportunity to the parties to lead evidence, as they may desire. Civil Application No.2348 of 2009 is disposed of.
Law Points
- Land Acquisition
- Additional Evidence
- Remand
- Opportunity to Lead Evidence
