Land Acquisition Act, 1894 — Sections 18, 23 & 24 — Reference — Adequacy of compensation

August 23rd, 2013

Land Acquisition Act, 1894 — Sections 18, 23 & 24 — Reference — Adequacy of compensation — Burden to prove on whom? — Held, burden to prove that the collector’s award does not correctly determine the amount of compensation payable to the landowner is upon the owner concerned — To that extent the claimant is in the position of a plaintiff before the Court — Evidence Act, 1872 — Adequacy of compensation under Land Acquisition Act — Burden to prove lies on whom?

HELD: We have heard learned counsel for the parties at some length. It is trite that in a reference under Section 18 of the Land Acquisition Act on the question of adequacy of compensation determined by the collector, the burden to prove that the collector’s award does not correctly determine the amount of compensation payable to the landowner is upon the owner concerned. It is for the claimant to prove that the amount awarded by the Collector needs enhancement, and if so, to what extent. The claimant can do so by adducing evidence, whether oral or documentary which the Reference Court would evaluate having regard to the provisions of Sections 23 and 24 of the Land Acquisition Act while determining the compensation payable to the owners. To that extent the claimant is in the position of a plaintiff before the Court.

(Para 7).

Ramanlal Deochand Shah v. State of Maharashtra[Bench Strength 2], Civil Appeal No. 5160/2013 (Arising out of S.L.P. (C) No. 354/2012)(05/07/2013), 2013(8) SCALE 398 [T.S. Thakur, J.: Gyan Sudha Misra, J.]

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