Supreme Court Orders Forensic Verification in Land Ownership Dispute Alleged Forgery of Land Pattas by Ex-Servicemen to be Investigated by CFSL
In a significant development, the Supreme Court of India has directed forensic verification of disputed land ownership documents in a case involving allegations of fraud. The case, titled Smt. Uppaluri Eswaramma Etc. v. State of Andhra Pradesh, sees the petitioners, including the widow of an ex-serviceman, challenging the authenticity of D-Form Pattas issued as rewards for military service during the Indo-China War of 1962. The Court ordered the Central Forensic Science Laboratory (CFSL), Hyderabad, to assess the genuineness of the signatures on the contested documents, following allegations of forgery raised by the State of Andhra Pradesh.
The dispute centers on two plots of land in Vishakhapatnam, originally assigned to ex-servicemen as a reward for their service. The petitioners claim rightful ownership, having been in possession of the land until it was taken over by the Vishakhapatnam Urban Development Authority for public purposes. Despite previous judgments affirming their ownership, the State raised concerns over potential fraud, citing a report by the State Forensic Science Laboratory (SFSL) which suggested forgery.
The Supreme Court, while dismissing the Special Leave Petitions, emphasized that fraud vitiates everything, including judgments from competent courts. It noted that the rejection of SLPs without merits allows for the maintainability of a review petition, as there is no merger with the Supreme Court’s dismissal. Consequently, the Court has tasked CFSL with comparing signatures on the D-Form Pattas with contemporaneous official records and assessing the age of the documents.
The petitioners, represented by Senior Advocate Mr. Ranjit Kumar, argue that they have long been recognized as the rightful owners of the land, a status now questioned due to allegations of document fabrication. The State, represented by Ms. Prerna Singh, contends that the review petition is necessary to address the fraud allegations, citing the SFSL report as evidence.
This judgment underscores the critical role of forensic science in legal proceedings, particularly in verifying the authenticity of documents central to property claims. The outcome of the forensic analysis will determine whether the review petition should be dismissed, allowing compensation to be paid to the petitioners, or entertained, opening further legal avenues for the State.
The case highlights the legal complexities surrounding land assignments to ex-servicemen and the challenges posed by allegations of fraud. The Supreme Court’s directive for forensic verification reflects its commitment to ensuring justice through scientific scrutiny, providing clarity on the disputed documents' authenticity.
Bottom Line:
Fraud vitiates everything, including judgments obtained from competent courts. The genuineness of D-Form Pattas and the authenticity of signatures must be verified by forensic experts before a decision on the review petition.
Statutory provision(s):
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Civil Procedure (Review Petition)
- Evidence (Forensic Science)
Smt. Uppaluri Eswaramma Etc. v. State of Andhra Pradesh, (SC) : Law Finder Doc Id # 2826022
