INDORE DEVELOPMENT AUTHORITY Vs. SATYABHAMA BAI

JUDGEMENT

(1.) Leave granted.

(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 was published on 12/1/1979. The possession of the land was taken on 25/8/1980 dispensing with the enquiry under Section 5-A by exercise of the power under Section 17 (4. The Land Acquisition Officer granted compensation in his award under Section 11 on 26/5/1980 @ Rs. 44,000. 00 per hectare. On reference, the civil court by its award dated 28/3/1990 enhanced the compensation to Rs. 1.50 per sq. ft. with solatium and interest thereon. The claimants filed the appeals and the State filed the cross-appeals. The High court by its judgment and order dated 31/8/1994 relying upon Exs. P-5 to P-8 and the sale deeds marked thereof under Section 51-A of the Act, enhanced the compensation to Rs. 3. 00 per sq. ft. Thus, these appeals by special leave.

(3.) It is now a well-settled legal position as laid in the case of P. Ram Reddy v. Land Acquisition Officer, Hyderabad Urban Development Authorityfollowed by a catena of other decisions that filing of the certified copies of the sale deeds and marked thereof under Section 51-A is only to enable the claimants to dispense with the obligation to produce the original sale deed from g the owners who are disinclined to part with their valuable title deed during long pendency of the proceedings. However, the claimants are enjoined to call as witnesses the vendor or vendee to prove the transactions as genuine in nature and also the extent of consideration paid and relative nature of value of land as required under law. In this case, though the documents, Exs. P-5 to P-8 have been marked, none of the persons connected with the documents have been examined.