Supreme Court of India
Ramanlal Deochand Shah v. The State of Maharashtra & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
These appeals are with that direction allowed, the judgments and orders impugned in the same modified to the extent that while the enhancement order by the Reference Court shall stand set aside, the matters shall stand remanded to the Reference Court for a fresh disposal in accordance with law after giving to the landowners opportunity to lead evidence in support of their claims for higher compensation. No costs.
Judgment, para 14
From the headnote
LAND ACQUISITION ACT, 1894: s.18 - Reference to civil court - Scope of - Held: A reference to civil court is not in the nature of an appeal where appellate forum takes a view based on the evidence before the forum below - In a reference, on the question of adequacy of compensation determined by the Collector, the burden to prove that his award does not correctly determine the amount of compensation and that it needs enhancement is upon the landowner - To that extent the claimant is in the position of a plaintiff before the court - In the absence of any evidence to prove that the amount awarded by Collector does not represent the true market value of the property as on the date of the preliminary notification, the reference court will not be justified in granting any enhancement.
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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