Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----Ss.6, 18, 23 & 54---Acquisition of land---Compensation---Determination of---Owners of land in question by producing sufficient documentary evidence, had fully established that value of land at relevant time was not less as determined by Court on reference---Owners had produced on record copy of of Court passed in similar reference in respect of land situated in same village and was acquired for same purpose and on same date by Authorities and compensation assessed in that case was more than. assessed in the case---No justification was available to hold that in relevant year value of land in same village could be less as determined by Court in circumstances---Judgment and decree passed by Court determining compensation keeping in view situation and potentiality of land, could not be interfered with. (b) Land Acquisition Act (I of 1894)---- ----Ss. 6 & 23---Acquisition of land---Compensation---Determination of--­Potentiality of land as regards its use in future, was also to be taken into consideration while determining compensation of acquired land. (c) CiviI Procedure Code (V of 1908)---- ----O.XLI, R. 27---Additional evidence---Production of---Application filed by appellants to produce additional evidence, was dismissed by Court holding that evidence produced on record did not suffer from any lacuna and was sufficient to pronounce ---Appellants should have produced all evidence which they wanted to produce at relevant time for which opportunity was given to them after framing of issues and recording evidence of respondents---Case of appellants not being that they were not allowed to produce said evidence, application to produce additional evidence was rightly dismissed. (d) Land Acquisition Act (I of 1894)--- -----. 54---Appeal---Maintainability of---Judgment and decree passed by Court below in determining compensation of acquired land, not suffering from any illegality, could not be interfered with in appeal. JUDGMENT MUNIR A. SHAIKH, J: --This judgment will also dispose of R.FA. No. 155 of 1986 as in both the appeals the same judgment and decree passed by the trial Court has been challenged. 2. Land…

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