G.P. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this application, the appellants seek to modify the amount of their claim of market value of the land in their grounds of appeal. The appellants have moved under Order VI Rule 17 of the Code of Civil Procedure, and say, that they be permitted to modify the memorandum of appeal so that when this Court pronounces its judgment after hearing the appellants, true market value of the land can be awarded to them.

(2.) IN support of their contention, the counsel for the appellants refer to AIR 1983 S.C. 43, (Harcharan v. State of Haryana). In this case, six years after filing the memorandum of appeal, the appellants had sought to amend the grounds of appeal by claiming a higher market value. The Supreme Court while dealing with the appeal held that the best evidence of market value is the judgment of the Court and upon determination of market value of similarly situated land, the petitioner having asked for less than the market value determined by Court, they are entitled to seek an amendment of the appeal. As the appellants had approached the Supreme Court prior to disposal of their appeal, the amendments were allowed.

(3.) THE Supreme Court further held that "it would not be fair and just to deprive the holder of his land without payment of true market value when law in so many terms, declares that he shall be paid such market value. The State Government must do what is fair and just to the citizen and should not, as far as possible, except in cases where tax or revenue is received or recovered without protest or where the State Government would otherwise be irretrievably prejudiced, take up a technical plea to defeat the legitimate and just claim of the citizen.