RAJASTHAN HOUSING BOARD v. NEW PINK CITY NIRMAN SAHKARI SAMITI LTD. &ANR.

A submitted that oral evidence which was ref ied upon by the Reference Court ought to have been acted upon by the High Court. ft was contended that the oral evidence cannot be ignored. By virtue of decisions in State of Gujarat & Ors. v. Rama Rana & Ors. [1997 (2) SCC 693], Satyanarayana & B Ors. v. Bhu Arjan Adhikari & Ors. [2011 (15) SCC 133] and Raman/al Deochand Shah v. State of Maharashtra & Anr. [2013 (14) sec 50J.

56Copy pinpoint56. The price of the land per sq. yd. was determined by the Reference Court. The documentary evidence which has been referred to by the Reference Court comprises of Ex. 1 agreement dated 26.8.1982 at the rate of Rs.135 per sq.yd., Ex. 3 agreement dated 7 .1.1982 at the rate of Rs.165 per sq.yd., agreement dated 28.9.1981 at the rate of Rs.135 per sq.yd. for 244 sq.yd. and agreement dated 5.5.1979 at the rate of Rs.94 per sq.yd. Certain transactions of 1983 were also referred which have to be ignored being subsequent to the date of notification under section 4. However, referring to the oral statement of the witnesses in which value was stated to be much more, the Reference Court has arrived at the conclusion of Rs.260 per sq.yd. The Single Bench of the High Court considered and referred to both the oral and documentary evidence. Ex.1 agreement dated 26.8.1982 F about the safe of plot No.55 situated in Krishna Vihar Gopalpura@Rs.115/-persq. yds., Ex.3 is agreement to safe ofland of 200 sq. yds. Agreement dated 7 .1.1982 at the rate of Rs.165/- per sq. yds. situated at Maharani Farm Duragapura. Ex.4-A agreement to sale of 244 sq. yds. dated G 29.8.1981 @ Rs.135/- per sq.yds. situated at Brijalpur from Krishnapuri Housing Society, Ex.5 agreement dated 24.7.1982 of 18000 sq.yds. of land@ Rs.125/- per sq.yds. for a total amount of Rs.22,55,000/- entered between Meena Kumari H Housing Society and trustee Devi Shanker Tiwari, Ex. 7

p. 421 Copy page pinpoint

NIRMAN SAHKARI SAMITI LTD. [ARUN MISHRA, J.]

Agreement dated 16.9.1983 about the sale of land measuring A 147 sq. yds. for Rs.22, 100/- approx.@ Rs.150/- per sq. yds. and the land situated in gram panchayat Bhagyawas, Ex.8 agreement dated 5.5.1979 of 34,000 sq.yds.@ Rs.90-94 per sq. yds. 8

57Copy pinpoint57. It also considered oral evidence in detail and has not relied upon the same and has arrived at the average price to be Rs.135 per sq.yd. making certain deduction as large area has been acquired. In case area in question had been developed, certain area was bound to go in the development. C Thus, deduction which has been made to arrive at the figure of Rs.100 per sq.yd. is proper. We find in the facts and circumstances of the case that the finding arrived at by the single Bench to be appropriate. No doubt about it. Oral evidence can also be taken into consideration but in the facts of this case, the best evidence is documentary evidence which has to prevail. In the face of the documentary evidence evincing the price of the land per sq.yd. the oral evidence which was based upon ipse dixit and without any sound basis, could not have been accepted by the Reference Court. Thus, the grave error which was committed had been rightly set at naught by the single Bench of the High Court, which determination of compensation has also not been interfered by a Division Bench. F

58Copy pinpoint58. Reliance has been placed upon State of Gujarat & Ors. v. Rama Rana & Ors. [1997 (2) SCC 693] with respect to acceptance of oral evidence in which case there was failure on the part of the Agricultural Department to produce statistics G as to the nature of the crops and the prices prevailing at that time. In that context, it was observed that oral evidence cannot be rejected due to such failure and the court has a duty to subject the oral evidence to great scrutiny and to evaluate the H

p. 422 Copy page pinpoint

A evidence objectively and dispassionately to reach a finding on compensation.

59Copy pinpoint59. Reliance has also been placed on Satyanarayana v. Bhu Arjan Adhikari & Ors. [2011 (15) SCC 133] in which it has been laid down that an analysis of the evid~nce by the Reference Court has to be satisfactory. Reliance has also been placed on Raman/al Deochand Shah v. State of Maharashtra &Anr. [2013 (14) SCC 50] laying down thatit is for the claimant to prove that the amount awarded by the Collector needs an enhancement and for that purpose, oral and documentary evidence can be adduced and when there is non-consideration of material evidence, the case can be remanded to lead evidence. In this case, there is proper scrutiny and evaluation of oral and documentary evidence by the High Court. The 0 decision of the High Court with respect to determination of compensation deserves to be upheld.

60Copy pinpoint60. The High Court has rejected the application under Order 1 Rule 10 filed by the Khatedars. In the facts of this case, particularly when the issue of violation of section 42 of Rajasthan Tenancy Act was raised by the State Government and reference was also as to the award passed in 1982 in favour of Khatedars in which the Society was denied the right to receive compensation. Obviously, Khatedars were requireq to be heard as the adjudication of their right was involved. in the matter to decide to whom the compensation is payable, and whether the Society was entitled to claim compensation on the basis of void transaction. It was also submitted before us that the Khatedars have sought reference under section 30 against the Society, that question can be decided in those proceedings. However, the factual matrix and its determination of the question as to entitlement of Society is necessary in the instant case, as such we have decided it. More so, the plight H

p. 423 Copy page pinpoint

NIRMAN SAHKARI SAMITI LTD. [ARUN MISHRA, J.]

of downtrodden class of the Scheduled Castes Khatedars A cannot be prolonged and considering the provisions which have been enacted for their protection, and the constitutional mandate, we are inclined to exercise our power to set at rest the dispute between the parties and hold that only Khatedars, in case some of them have died, their legal representatives would be entitled to receive the compensation which has been determined in the instant case.

61Copy pinpoint61. In order to protect the interest of the Scheduled Caste persons, we further direct that the Society or other intermeddler, or power of attorney holder shall not be paid compensation on their behalf and the Collector/Land Acquisition Officer to ensure that the compensation is disbursed directly to the Khatedars or their legal 0 representatives, as the case may be, and that they are not deprived of the same by any unscrupulous devices of land grabbers etc. Let the compensation be disbursed within a period of three months from today along with other permissible statutory benefits. E

62Copy pinpoint62. The direction issued by the High Court to grant 25% of the developed land is hereby set aside. The appeals preferred by the Rajasthan Housing Board and the Khatedars are allowed to the aforesaid extent and the remaining appeals F are dismissed. Parties to beartheir own costs as incurred. Kalpana K. Tripathy Appeals disposed of.