Supreme CourtDivision Bench(1997) 04 SC CK 0064

A.P. State Road Transport Corporation, Hyderabad vs P. Venkaiah and others

Supreme Court Of India · Decided on 28 April 1997 · Citation: AIR 1997 SC 2600 : (1997) AIRSCW 2556 : (1997) 5 JT 362 : (1997) 3 LW 172 : (1997) 4 SCALE 154 : (1997) 10 SCC 128 : (1997) 3 SCR 1054 : (1997) 4 Supreme 606

HON’BLE JUDGES
K. Ramaswamy, J · D. P. Wadhwa, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 3404 of 1997

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

4 paragraphs · 311 words

K. Ramaswamy and D.P. Wadhwa, JJ.—Substitution allowed.

2.

Leave granted. Heard learned Counsel for the parties.

3.

Notification u/s 4(1) of the Land Acquisition Act, 1894 (for short, the 'Act') was published on July 7, 1977, acquiring 14 acres 32 guntas of land of Bachiragh village near Suryapet Nalgonda District (A.P.) for the purpose of constructing a Bus Stand Complex. The Land Acquisition officer awarded compensation @ Rs. 7,500 per acre. The Sub-Court on reference awarded the considerate compensation @ Rs. 3.60 lacs per acre. The High Court reduced it to Rs. 2,25,000 per acre. It is now not in dispute that Exs. A-2, A-9 and A- 11 were relied on to enhance the compensation. Admittedly, none of the persons connected with the documents, namely, neither the vendee nor the vendor has been examined. This Court in Kummari Veeraiah and Others Vs. State of A.P., held that in the absence of adduction of any evidence through the vendor or the vendee, the document per se cannot be relied upon. This was reiterated in State of Bihar Vs. Madheshwar Prasad, . Acceptance of certified copy of the sale deed u/s 51-A relates only to the production of the original sale deeds but it does not dispense with proof of the contents of the documents, relative features vis-a-vis 193, the land under acquisition. All is needed to be proved by examining the persons connected with the same and parties to the document. Following the above ratio, we hold that the view taken by the High Court and that of the reference Court is entirely illegal.

4.

The appeal is accordingly allowed. The judgment and award of the reference Court as modified stand set aside. The matter is remitted to the reference Court for disposal the matter afresh after an opportunity is given to adduce evidence afresh and the same is considered. No costs.