2011 (8) TMI 1332 - SC - Indian Laws

Summary

Issues Involved:
1. Legality of the High Court's direction to the State Government to pay compensation.
2. Consideration of relevant documents and facts by the High Court.
3. Status of the Respondent as an unauthorized occupant.
4. Validity of the inter-departmental communication as a basis for compensation.

Summary:

1. Legality of the High Court's Direction to Pay Compensation:
The Supreme Court addressed the legality of the High Court's direction to the State Government to pay Rs. 70,99,951.50 with interest to the Respondents. The High Court's reliance on an inter-departmental communication was scrutinized.

2. Consideration of Relevant Documents and Facts:
The State of Uttaranchal argued that the High Court overlooked several vital documents and facts essential for a just determination of the dispute. The Supreme Court noted that the High Court failed to consider the pleadings and documents produced, causing serious prejudice to the State.

3. Status of the Respondent as an Unauthorized Occupant:
The Supreme Court highlighted that Ram Rattan Lal was declared an unauthorized occupant of the land since 27.1.1972. This finding had attained finality through various judicial orders:
- Order of the Prescribed Authority dated 13.9.1973.
- Judgment of the 1st Additional District and Sessions Judge, Saharanpur dated 8.11.1975.
- Judgment of the High Court of Allahabad in Civil Misc. Writ No. 12304 of 1975.
- Order of the Supreme Court in SLP(C) No. 6851 of 1979 dated 23.12.1981.

4. Validity of the Inter-Departmental Communication:
The Supreme Court found that the District Magistrate's communication recommending compensation was improper. The Government of Uttar Pradesh had rejected this recommendation, emphasizing that Ram Rattan Lal was an unauthorized occupant and not entitled to compensation. The High Court erred in treating the District Magistrate's recommendation as an order of the State Government.

Conclusion:
The Supreme Court set aside the High Court's judgment in Writ Petition No. 401 of 2002, expressing strong disapproval. The appeal was allowed with costs quantified at Rs. 10,000/-. The Court emphasized the necessity for judicial decisions to be reasoned and based on proper evaluation of evidence and legal rules to maintain public trust and confidence in the judicial system.