Sail (Isp) Burnpur Steel Authority of India Ltd. v. Lakshman Ch. Majhi & Anr.
Case brief
What is this about?
Land acquisition compensation enhancement; Section 18 reference, Land Acquisition Act 1894; exemplar sale deed unreliability; market value versus sale consideration; Section 2(16B) and Section 47A, Indian Stamp Act 1899 (West Bengal amendment); Rule 3 / Rules 3A-3B, West Bengal Stamp (Prevention of Undervaluation of Instruments) Rules; Order XLI Rule 27 CPC, Clauses (aa)/(b), additional evidence at appellate stage; Section 51A LA Act, certified copies without formal proof; ECL deeds with Collector-approved set forth market value; willing seller / not-too-anxious buyer (V. Narasaiah; Jasti Rohini); small-plot exemplars with deduction (Bhagwathula Samanna); remand of L.A. references, Additional District Judge Burdwan; SAIL ISP Burnpur as Requiring Authority; appeals allowed 19.06.2025; Calcutta High Court FAT.
What did the court decide?
Appeals allowed; impugned enhancement awards set aside and all Section 18 references remanded to the Referral Court for re-hearing, with the five ECL sale deeds to be marked as exhibits (dispensing formal proof) and compensation recalculated on their set forth market values; claimants to have rebuttal opportunity; fresh adjudication expected within one year; interim applications disposed of and interim orders vacated; appellant at liberty to withdraw its deposited amounts with interest, after necessary expenses and statutory deductions, through the Registrar General; no order as to costs.