Land acquisition compensation appeals must be decided on the existing record; remand is improper when the basis for remand is factually unsupported.

In a land acquisition compensation dispute, the Supreme Court held that a first appellate court should ordinarily reappraise the existing record and decide the matter on merits where the evidence has already been evaluated by the Reference Court. Remand was improper because the High Court's reasons were factually unsupported: the Reference Court had considered the exemplars relied on and had declined to act on them only because they were not proved on record. The High Court's order directing fresh determination of market value could not stand, and the matter was sent back for fresh decision of the pending appeals and cross-appeals on the existing record.

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Issues: Whether the High Court was justified in remanding the land acquisition compensation appeals to the Reference Court for fresh determination of market value.

Analysis: The Reference Court had determined compensation on the material already on record after considering the acquisition of a large tract of land and making allowance for reliance on exemplars of smaller plots. There is no absolute bar against consideration of sale instances relating to small plots, provided adequate discount is applied where appropriate. The reasons given by the High Court for remand were found to be factually incorrect, since the Reference Court had in fact dealt with the exemplars relied upon by the acquiring authority and had declined to act on them because they were not proved on record. As the High Court was the first appellate court, it ought to have reappraised the evidence and decided the matter on merits rather than directing a fresh determination by the Reference Court.

Conclusion: The remand to the Reference Court was unjustified and the High Court's order setting aside the Reference Court's decision could not stand.

Final Conclusion: The matter was sent back to the High Court to decide the pending appeals and cross-appeals afresh on the existing record in accordance with law.

Ratio Decidendi: A first appellate court should decide a land acquisition compensation dispute on the existing record where the evidence has already been evaluated, and remand is improper when the grounds for remand are factually unsupported.

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