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Issues:
1. Dismissal of application seeking amendment of memorandum of appeal for higher compensation. 2. Justification of High Court's decision to dismiss the petition in limine. 3. Applicability of principles regarding evaluation of land price in compensation cases. 4. Denial of opportunity to agitate market value of land based on delay in seeking amendment of pleadings. Analysis: The Supreme Court addressed the first issue concerning the dismissal of the application seeking amendment of the memorandum of appeal for higher compensation. The appellant had sought to amend the memorandum based on the potentiality of the acquired land as a building site, which would impact the compensation amount. The Court highlighted the importance of determining the real questions in controversy between the parties and the relevance of necessary pleadings to effectively adjudicate such disputes. The appellant's contention that the land had the potential for industrial or commercial use was considered significant in determining the compensation amount. Moving on to the second issue, the Court analyzed the justification behind the High Court's decision to dismiss the petition seeking amendment in limine. The appellant's delay of six years in filing the application was the primary ground for dismissal by the High Court. However, the Supreme Court emphasized that procedural laws should facilitate substantive justice and ensure that parties have the opportunity to present their case effectively. The Court cited a previous case to highlight the importance of allowing amendments to prevent failures of justice. Regarding the third issue, the Court delved into the principles governing the evaluation of land prices in compensation cases. It emphasized that the best evidence for determining compensation is the Court's Award, subject to comparison based on various factors such as land area, topography, and use. The appellant's argument for higher compensation based on the potentiality of the land as a building site was deemed crucial in assessing the market value of the acquired land. Lastly, the Court discussed the denial of the appellant's opportunity to agitate the market value of the land due to the delay in seeking the amendment of pleadings. Despite the delay, the Court found that the appellant's application for amendment was based on decisions of the same High Court, providing a comparable yardstick for resolving the real controversy. In the interest of justice, the Supreme Court allowed the appeal, set aside the High Court's order, granted the amendment application, and remitted the matter back to the High Court for further consideration without costs.
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