Sakunjay Vyas
Published on: March 11, 2022, at 08:10 IST
The Two Judge Bench of Justice M. R. Shah and Justice B. V. Nagarathna of Supreme Court overturned the High Court of Jharkhand at Ranchi bench order that has set aside the application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure.
The Supreme Court recently ruled that the claimant whose land is acquired is entitled to the fair market value of his land.
The Two Judge Bench of M. R. Shah and Justice B. V. Nagarathna was hearing an appeal against the High Court of Jharkhand at Ranchi bench, where the High Court set aside the application for additional evidence under Order 41 Rule 27 of the Code of Civil Procedure and decided the case in hand by considering only one evidence which was on record.
The Apex court stated that additional evidence removes any doubt present in a case, further it has a direct effect on the justice provided by the court.
The Apex Court also gave an enlightening view on the importance and relevancy of the additional evidence, that the true test, therefore is, whether the appellate court is able to pronounce judgment on the materials before it without taking into consideration the additional evidence sought to be adduced.
That even after permitting to adduce the additional evidence the applicant has to prove the existence, authenticity, and genuineness of the documents including contents thereof, in accordance with the law and before the Reference Court.
The apex court further stated that the High Court has decided the present matter on only one document on record and has not appreciated the fact that the application for the adducing of the additional documents, which were sought to be produced as additional evidence might help in pronouncing a sound and fair judgment. And that since the matter at hand is about providing fair compensation, the court must do it all to provide a fair market value.
“It was a case of awarding of fair compensation to the land owner whose land has been acquired for public purpose. It cannot be disputed that the claimant whose land is acquired is entitled to the fair market value of his land. ”
the Court said.
As a result, the Apex Court has quashed and set aside the order of the High Court of Jharkhand at Ranchi bench by stating that the Reference Court is directed to decide the reference case afresh, in accordance with the law.