Wednesday 31 July 2013

Certified copy of sale deeds are admissible in evidence in land acquisition case

Vinod Bansal v. State of Haryana, (2013) 5 SCC 622
 Land Acquisition and Requisition 
 Land Acquisition Act, 1894 
 Ss. 23, 51-A and 18 - Compensation - Quantum - Remand to Reference Court for fresh disposal due to erroneous
rejection of evidence (i.e. certified copy of sale deeds presented under S. 51-A, LA Act) - There being a presumption as
to genuineness of said documents under S. 51-A, LA Act [as clarified by decision of five-Judge Bench in Purya, (2004) 8
SCC 270] unless said presumption is not rebutted by other evidence - But High Court holding that Reference Court had
not committed any illegality by saying that said sale deeds (for which witnesses had not been examined) were not
admissible in evidence because witnesses have to be examined for proving sale consideration, sale execution, nearness
to acquired lands, etc. - Impugned orders of Reference Court and High Court, therefore, set aside and matter remanded
to Reference Court for fresh determination and disposal -
Reference Court directed to determine market value after
reappreciating evidence uninfluenced by observations made by judgments of High Court - Reference Court directed to
include certified copies of sale deeds in light of Constitution Bench decision in Purya case - Clarified that parties shall not
be permitted either to produce any additional documents or lead any further evidence except rebuttal evidence in regard
to certified copies of sale deeds already produced to the extent indicated by five-Judge Bench - Reference Court directed
not to determine market value less at than Rs 90 per square yard as State did not file any appeal challenging market
value of lands acquired fixed at Rs 90 per square yard by High Court, (2013) 5 SCC 622- 
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