The Bombay High Court, Nagpur Bench, addressed a long-standing dispute concerning land compensation. The appellants sought enhancement of compensation for land acquired under the MIHAN Project in Nagpur, claiming parity with other similar cases where higher compensation had been awarded. The Court found that the previous judgment did not consider relevant evidence that led to disparities in compensation rates. The judgment was set aside, and the case was remanded to the Special Court for a fresh decision, with the inclusion of additional evidence.

Background:

• The appellants' land was acquired for the MIHAN Project, Nagpur, and they sought enhanced compensation.
• The Special Court had earlier awarded compensation of ₹4,25,000 per hectare for two parcels of land.
• The appellants cited other land acquisition cases where the compensation was set at ₹10,00,000 per hectare, highlighting a lack of parity in compensation.

Court's Findings:

• The Court noted a significant disparity between the compensation awarded in the appellants' case and other similar cases (L.A.R. No. 232/2004, 242/2004, and 243/2004).
• The original claimant, Smt. Savitribai, had not adduced adequate evidence during the initial trial, leading to the lower compensation.
• The appellants requested the remand of the case to introduce additional evidence and secure a fair decision.

Acts and Sections Discussed:

• Order XXII of the Code of Civil Procedure (CPC), 1908: Governs procedures for substitution of legal heirs upon the death of a party.
• Section 110 of the Bhartiya Saksha Adhiniyam (BSA) 2023 (formerly Section 108 of the Indian Evidence Act, 1872): Presumption of death after seven years of absence.

Ratio Decidendi:

The principle of parity in compensation for land acquisition cases. The Court held that the compensation awarded to the appellants should be reconsidered in light of similar cases. The appellants were entitled to a fresh trial where they could submit additional evidence to align their compensation with other claimants who received a higher award for similarly situated lands.