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Monday, December 15, 2025

Ground not raised in Appeal but raised in rejoinder - not correct way. ground not allowed to be raised

Since the High Court has recorded a finding of fact as to the market value of the lands, based on the evidence, we do not find any good ground or valid reason to take a different view. As regards the contention based on Section 25 of the Act, we may say that this ground having not been urged before the High Court, not raised in the special leave petition, although it is raised subsequently in the rejoinder-affidavit, cannot be permitted to be urged before us for the first time because it requires some verification of facts and records. We may also state here that the respondent claimants are entitled to all the statutory benefits as are available to them on the amount of compensation, as determined by the High Court.

Mandal Revenue Officer v. C.R. Bhagwanth Rao, (2005) 10 SCC 478

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