Sakunjay Vyas
Published on: March 11, 2022 at 16:16 IST
The Two Judge Bench of Justice M. R. Shah and Justice B. V. Nagarathna of Supreme Court overturned the High Court of Jharkhand at Ranchi bench order that has allowed the appeal and modified the judgments and awards passed by the Reference Court.
The Supreme Court recently ruled that the judgment must have a clarity on the exact relief that is granted by the Court.
The Two Judge Bench of M. R. Shah and Justice B. V. Nagarathna was hearing an appeal against the High Court of Jharkhand at Ranchi bench, where the High Court order that has allowed the appeal and modified the judgments and awards passed by the Reference Court to an extent to the extent that the compensation is to be assessed and paid on the basis of the sale deed.
Although the High Court ruled in favor of the landowners, it did not assess and/or determine the actual market value and/or compensation to be paid.
The Apex court stated that for other than the determination of the compensation the High Court has not considered the approproiate sale deed for any of the other relevant factors, i.e. for consideration of all sale deeds, what was the consideration decided, or for location.
Only considerations made were to time and date. That the High Court has mechanically held that the claimants shall be entitled to the compensation ignoring many relevant factors.
The apex court further stated that the High Court has not stated the exact market value and/or the amount of compensation to be paid. And that the judgement must have clarity on the relief granted so that it may not confuse the litigants to the case and that the execution of the order can be done without any complication.
“The judgment must have a clarity on the exact relief that is granted by the Court so that it may not create further complication and/or difficulty in the execution. Every litigant must know what actual relief he has received from the Court. But the impugned judgment and order passed by the High Court lacks total clarity. ”
the Court said.
As a result, the Apex Court has quashed and set aside the order of the High Court of Jharkhand at Ranchi bench by stating that the High Court shall make all endeavors to finally decide and dispose of the appeals on remand at the earliest and preferably within a period of six months from the date of the receipt of the present order.