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Supreme Court of India 2017-11-01 allowed

Arvindbhai Bhagabhai Patel & Anr. Etc vs State of Gujarat & anr. Etc

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In a consolidated judgment covering multiple land acquisition appeals from Gujarat, the Supreme Court overturned the High Court's decision to use a 1993 award from Village Sargasan to determine compensation. The Court held that prior awards can only be admitted as evidence at the appellate stage if formal application is made under CPC Order XLI Rule 27, with opportunity for the other party to rebut. Since a more proximate 1999 award from the same village (Mansa) existed, relying on the distant Sargasan award was impermissible. The Court awarded compensation at ₹491 per sq meter based on the 1999 ONGC award with appropriate deductions, and restored reference court determinations in related appeals.

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Land Acquisition Compensation Evidence Law Appellate Procedure Valuation of Land Civil Procedure

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