UNION OF INDIA ETC. ETC. versus SUNIL CHANDRA SAHA AND ANR. ETC. ETC.

UNION OF INDIA ETC. ETC. versus SUNIL CHANDRA SAHA AND ANR. ETC. ETC.

In the absence of notice and opportunity to adduce evidence for the appellants, and lacking relevant and material evidence of market value as on the date of notification, the award and decrees cannot be sustained and must be remitted to the reference court for fresh determination after giving all parties a full opportunity.

Parties
Appellant: Union of India; Respondents: Sunil Chandra Saha and another
Jurisdiction
India
Judgment Date
25 July 1995
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Assam High Court
Outcome
Appeal allowed; award and decree as confirmed by High Court set aside; matter remitted to reference court
Legal Topics
Market Value Determination, Award and Decree, Participation in Award Inquiry, Compensation
Land Acquisition Market Value Determination Award and Decree Participation in Award Inquiry Compensation

Case Brief

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Parties

Union of India

Appellant

Sunil Chandra Saha and another

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Assam High Court

Legal Issues

  1. 1 Whether appellants were entitled to notice and participation in award inquiry and reference proceedings
  2. 2 Whether market value determination was proper in absence of legally admissible evidence

Ratio Decidendi

In the absence of notice and opportunity to adduce evidence for the appellants, and lacking relevant and material evidence of market value as on the date of notification, the award and decrees cannot be sustained and must be remitted to the reference court for fresh determination after giving all parties a full opportunity.

Court Disposition

Appeal allowed; award and decree as confirmed by High Court set aside; matter remitted to reference court

Orders

  • Appellants directed to appear before the reference court on August 28, 1995
  • Parties at liberty to adduce such legal evidence as necessary to determine true and correct market value as on date of notification