Case Note & Summary
The State of Maharashtra appealed against the judgment of the Reference Court dated 30/03/1992, which enhanced compensation for land acquired under the Land Acquisition Act, 1894 from Rs.1000 per acre to Rs.2000 per acre. The land, admeasuring 64 R, was acquired by Notification dated 13/09/1984 for construction of a Government office building, with possession taken on 16/08/1982. The Land Acquisition Officer awarded Rs.1000 per acre for 0.43 acre and Rs.2 per acre for 0.21 acre potkharab land. The claimant sought enhancement via a reference under Section 18. The Reference Court, relying on sale instances at Exhibits 34, 35, and 36 (photocopies of sale deeds) and the claimant's testimony, enhanced compensation to Rs.2000 per acre. The State argued that the photocopies were inadmissible without certified copies, citing Cement Corpn. Of India Ltd. vs. Purya and ors. (2004) 8 SCC 270 and R. L. Jain (D) by LRs. vs. D.D. A. and ors. AIR 2004 SC 1904. The High Court dismissed the appeal, holding that the documents were admitted without objection and proved by the claimant's evidence, and the State failed to cross-examine effectively. The court found no perversity in the Reference Court's finding and upheld the enhancement.
Headnote
A) Land Acquisition - Compensation Enhancement - Admissibility of Photocopies of Sale Deeds - Land Acquisition Act, 1894, Sections 18, 54 - The State appealed against enhancement of compensation from Rs.1000 to Rs.2000 per acre, arguing that photocopies of sale deeds (Exhibits 34, 35, 36) were inadmissible without certified copies. The High Court held that since the documents were admitted in evidence without objection from the State and the claimant proved them by his testimony, they could be relied upon. The appeal was dismissed. (Paras 1-6)
B) Land Acquisition - Market Value Determination - Sale Instances - Land Acquisition Act, 1894, Section 23 - The Reference Court enhanced compensation based on sale instances of similar land. The High Court found no perversity in the finding, noting that the claimant's evidence was uncontroverted and the State failed to cross-examine effectively. (Paras 4-6)
Issue of Consideration
Whether the Reference Court was justified in enhancing compensation to Rs.2000 per acre based on photocopies of sale deeds (Exhibits 34, 35, 36) in the absence of certified copies.
Final Decision
Appeal dismissed. The judgment of the Reference Court dated 30/03/1992 enhancing compensation to Rs.2000 per acre is upheld.
Law Points
- Admissibility of photocopies of sale deeds in land acquisition references
- Enhancement of compensation based on sale instances
- Burden of proof on claimant for market value
- Section 18 and Section 54 of Land Acquisition Act
- 1894
Case Details
2018 LawText (BOM) (12) 171
First Appeal No.345 of 1994
Shri A. R. Patil (Assistant Government Pleader for appellant), Shri Prashant Chawan with Ms Reshmarani Nathani i/by Shri V. M. Bhate (for respondent Nos.1 to 6)
State of Maharashtra (Through the Special Land Acquisition Officer, Ratnagiri)
Moreshwar Waman Sane (since deceased, through legal heirs: Pushpa Balwant Prabhudesai, Shubhada Madhukar Natu, Shital Kavishwar Bapat, Madhuri Shashikant Mandape, Anuradha Anand Bhadbhade, Hemant Ramchanda Sane)
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Nature of Litigation
Appeal by State against enhancement of compensation in land acquisition reference.
Remedy Sought
State sought to set aside the Reference Court's judgment enhancing compensation to Rs.2000 per acre.
Filing Reason
State aggrieved by enhancement of compensation based on photocopies of sale deeds.
Previous Decisions
Land Acquisition Officer awarded Rs.1000 per acre for 0.43 acre and Rs.2 per acre for 0.21 acre potkharab land on 10/06/1987. Reference Court enhanced to Rs.2000 per acre on 30/03/1992.
Issues
Whether the Reference Court could rely on photocopies of sale deeds (Exhibits 34, 35, 36) without certified copies to enhance compensation.
Whether the enhancement of compensation to Rs.2000 per acre was justified on evidence.
Submissions/Arguments
Appellant/State: Photocopies of sale deeds are inadmissible without certified copies; reliance on Cement Corpn. Of India Ltd. vs. Purya and R. L. Jain vs. D.D.A.
Respondent/Claimant: Documents were admitted without objection and proved by claimant's testimony; enhancement is justified.
Ratio Decidendi
Photocopies of sale deeds, though not certified, can be relied upon in land acquisition references if they are admitted in evidence without objection and proved by the claimant's testimony. The State's failure to cross-examine effectively renders the evidence uncontroverted.
Judgment Excerpts
This appeal under Section 54 of the Land Acquisition Act, 1894 has been preferred by the State of Maharashtra as it is aggrieved by the judgment of the Reference Court dated 30/03/1992 thereby granting compensation for acquired land at the rate of Rs.2000/ per acre.
The documents at Exhibits 34, 35 and 36 were photocopies of the sale deeds. However, they were admitted in evidence without any objection on behalf of the appellant. The claimant proved those documents by examining himself.
Procedural History
Notification dated 13/09/1984 for acquisition of land. Possession taken on 16/08/1982. Land Acquisition Officer passed award on 10/06/1987 granting Rs.1000 per acre for 0.43 acre and Rs.2 per acre for 0.21 acre. Claimant filed reference under Section 18. Reference Court enhanced compensation to Rs.2000 per acre on 30/03/1992. State filed First Appeal No.345 of 1994. High Court dismissed appeal on 20/12/2018.
Acts & Sections
- Land Acquisition Act, 1894: Section 18, Section 23, Section 54
