Full Judgment Text
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PETITIONER:
U.P.S.R.T.C., ALIGARH
Vs.
RESPONDENT:
STATE OF U.P. & ORS.
DATE OF JUDGMENT: 31/03/1997
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
These appeals by special leave arise from the orders of
the Division Bench of the Allahabad High Court , made on
October 17,1994 in F.A. No. 271/1994 and batch.
The Notification under section 4(1) of the Land
Acquisition Act, 1894 (for short, the "Act") was published
on June 3,1979 acquiring a total extent of 24.9 acres of
land for public purpose, namely, for establishment of road
transport depot. The Land Acquisition Officer awarded
compensation at the rate of Rs.11.25 per sq. yard . On
reference under section 18 of the Act, the Additional
District Judge by his award and decree enhanced the
compensation to Rs.25/- per sq. yard. On appeal, the
Division Bench of the High Court has dismissed the appeals
on the ground of limitation. Thus, these appeals.
On our direction the learned counsel for the parties
have placed on record the adduced evidence. It is now
admitted position that two sale deeds had been filed in
support of the claim for higher compensation but neither the
vendor not the vender has been examined to substantiate
those documents which is not the evidence legally admissible
nor to be considered. The reference Court also did not
properly consider the claims in the legal perspective .
Thus, we find that the approach adopted by the High Court as
well as the reference Court is not correct in Law. However,
we are not expressing any opinion on merits. we set aside
the award and decree of the reference Court and that of the
Division Bench of the High Court. The matter is remitted to
the reference Court with a direction to give opportunity to
the parties to adduce evidence afresh, consider the same in
the light of the law laid down buy this Court and then
decide the compensation accordingly within six months from
the receipt of this order .
The appeals are, accordingly, allowed but, in the
circumstances, without costs.