Anurupa Pal
Published On: March 12, 2022 at 13:20 IST
The Supreme Court of India recently observed that a Judgement must have a clarity on the Exact Relief that is Granted by the Court so that it may not Create Further Complication and Difficulty in the Execution .
The Bench of Justice MR Shah and Justice BV Nagarathna made this observation while Considering Appeals Preferred by the Claimants Landowners assailing Jharkhand High Court order dated March 28,2019.
It is Observed that the Sale Deed Dated February 12,1979 had to be Considered For determination of the Market Value as the same was in a close proximity in time to the date of notification dated October 1,1980 .
The High Court here did not assess or determine the Actual Market Value or Compensation To be payable to the Landowners.
“Even otherwise, it is to be noted that there is no clarity on the actual market price and while passing the final order, the High Court has not stated the exact market value and/or the amount of compensation to be paid. There is no actual assessment and/or determination of market value and/or the compensation.How on such a vague order, a decree can be drawn and how such an order is executable? The judgement 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 judgement and order passed by the High Court lacks total clarity.” the Court said.
The Bench in the Judgement authored by Justice MR Shah to adjudicate on the issue referred to the impugned judgement to point out that the High Court had not discussed at all the sale consideration as well as the location of the land so far as the Sale Deed dated 12.02.1979 is concerned.
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