S.J.V.N.LTD Vs. DOLMA

JUDGEMENT

(1.) A short question is involved in this case. The land of Dolma and Kaul Ram was acquired for the purpose of the Nathpa Jhakri Project. In this petition, we are only concerned with the super structure, i.e., house standing on the land. This super structure was jointly owned by Dolma and Kaul Ram. Not satisfied with the compensation awarded for the super structure by the Land Acquisition Collector, the claimants Sh.Kaul Ram and Smt.Dolma filed Reference Petition under Section 18 of the Land Acquisition Act which was referred to the learned District Judge, Kinnaur at Rampur. It appears that during these proceedings, Kaul Ram died. One minor Babli was brought on record as his legal representative. It was alleged that Smt.Dolma and Babli are the widow and daughter of Kaul Ram.

(2.) SMT .Dolma appeared in the witness box. During her statement, two documents, i.e. photocopy of an estimate Mark ˜A and photocopy of a plan, Mark ˜B were tendered in evidence which documents were prepared by M/s.Sharma and Associates, Architect and Engineers, Chandigarh. The learned District Judge held that since the documents had been marked, he can rely upon the same since they only corroborated the statement of Dolma. Relying upon these two documents, the award has been passed in favour of petitioners. This has given rise to the present appeal.

(3.) I am constrained to observe that the learned District Judge totally ignored the elementary principles of law contained in the Evidence Act while relying upon these documents. These two documents were tendered by Smt.Dolma in her evidence. Mark ˜A consists of four sheets and purports to be an estimate of the construction of the existing house of Kaul Ram at Village Jhakri. It contains details which the claimant could not have been aware about such as the exact measurements. This report could have been proved only by the person who had prepared the same. The original documents were not placed on the record of the case. The learned District Judge totally erred in relying upon these documents since these were only photocopies of the original documents.