Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 18 & 30---Acquisition of land---Compensation, determination of--­Claim of higher price by the landowners---Burden of proof---Contentions of the landowners were that the compensation determined by the Collector and upheld by the lower Courts was not fair as the potential value of the land was not taken into consideration and that acquired land being located at a short distance from the village was fit for the purpose of construction and could fetch higher price ---Validity---Patwari Halqa was examined who produced the relevant record including the one about yearly average---Photostat copies of certain mutations were also produced by the said witness who admitted that the suit-land was "Barani" and not irrigated through canal or tubewell---Another witness stated that he had sold land in the said `Wand' at the price as claimed by the landowners but no mutation or other document could be produced by him nor any party to the .transaction was examined to substantiate the version of the said witness---Mutations which had been produced by the landowners could not be taken into consideration for the reasons that most of them were photostat copies and being secondary evidence, could not be admitted to evidence as no permission was obtained from the Trial Court for the production of secondary evidence and that no party to the transaction was produced---Mere production of a mutation as evidence was not sufficient to believe that the price mentioned therein was entered correctly and bona fide as owners of the lands were burdened with the duty to produce same party to the transaction on which the reliance was placed---Compensation had been fixed by the Collector on the basis of one yearly average which was one of the legal modes of determining the compensation---Land was admittedly `Barani' and un-irrigated and no request by the landowners was made to the Trial Court for appointment of Local Commission to ascertain the location or any potential value of the suit-land---High Court, on existing evidence and the Revenue Record upheld the price of the land fixed as compensation by the Collector and the Trial Court considering the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492