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Showing posts with label L.A.Act - Compensation for Building - guess estimate is not warranted when Ext.C-3 Valuation Report is available on record for reduction of value fixed already. Show all posts
Showing posts with label L.A.Act - Compensation for Building - guess estimate is not warranted when Ext.C-3 Valuation Report is available on record for reduction of value fixed already. Show all posts
Wednesday, July 30, 2014

L.A.Act - Compensation for Building - guess estimate is not warranted when material evidence in the shape of Ext.C-3 Valuation Report is available on record for reduction of value fixed already - LAO awrded Rs.1,43,430/- NO records filed on which basis he arrived that rate - in trial court commissioner was appointed with the assistance of Retd. Eng. value of the Building was assessed for Rs. 4,45,000/- . Trial court accepted the evidence - No rebuttal evidence - but High court reduced it to Rs.3,50,000/- with out justifiable reasons - Apex court held In the facts of the case, we find force in the submission of the learned counsel for the appellants that guess estimate is not warranted when material evidence in the shape of Ext.C-3 Valuation Report is available on record. As already seen, there is no rebuttal evidence adduced by the respondents insofar as the valuation of the building is concerned and the High Court committed error in resorting to guess estimate for reducing the value of the building and the impugned judgment in this regard is liable to be set aside.=CIVIL APPEAL NO. 6396 OF 2014 [Arising out of Special Leave Petition (Civil) No.31619 of 2012] Rajesh Valel Puthuvalil & Anr. .. Appellant(s) -vs- Inland Waterways Authority of India & Anr. .. Respondent(s) = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41770

    L.A.Act - Compensation for Building -  guess  estimate  is  not  warranted  when  material evidence in the shape of Ext.C-3 Valuation R...