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Supreme Court of India· 29 September 2026

Can evidence be led beyond pleadings in a reference petition under Section 18 of the Act of 1894?

SURINDER AHUJA & ANR v. STATE OF PUNJAB & ANR
2026 INSC 1068 · CIVIL APPEAL NOS.3800-3803 OF 2026
Coram: Justice Dipankar Datta · Justice Sheel Nagu
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Answer

Evidence cannot be led beyond pleadings in a reference petition under Section 18 of the Act of 1894.

No. In a reference under Section 18 of the Act of 1894 the reference petition stands as the plaint and strictly defines the scope of the dispute; it is a settled principle of civil law that evidence cannot be led beyond pleadings, and a Court cannot make out a new case or decide an issue that does not arise from pleadings. Compensation for fruit-bearing trees was therefore restricted to the 280 trees pleaded, not the additional 482 trees alleged in oral evidence.

Headnote

Land Acquisition Act, 1894 — s.23(1) — s.23(1A) — s.23(2) — Market value — Contiguous tracts — Severance damage — Solatium — Pleadings — Land Acquisition Act, 1894 — s.23(1) First — Market value — Contiguous tracts — Non-discriminatory compensation — Held: Contiguous tracts of land acquired for a unified public purpose under the same scheme must be awarded consistent, non-discriminatory compensation; a radial step-down model that ignores transaction-based local evidence is arbitrary, and the uniform market value stands restored. (¶5) Land Acquisition Act, 1894 — s.23(1) Thirdly — Severance damage — Remaining unacquired land — Held further: Severance damage compensates the diminution in value of the unacquired remaining land and is calculated on its market value, not on the acquired land; a rule of thumb based on distance from the village abadi that ignores the physical barrier is unsustainable. (¶7) Land Acquisition Act, 1894 — s.23(1A) — s.23(2) — Solatium — Auxiliary assets — Held further: Solatium and the additional amount are payable only on the market value determined under Section 23(1) First Clause, not on damages for trees, severance, tubewells or structures under the second to sixth factors. (¶8, 9) Land Acquisition Act, 1894 — s.18 — Reference petition — Evidence beyond pleadings — Held further: A reference petition strictly defines the dispute and evidence cannot be led beyond pleadings, so tree compensation is restricted to the trees pleaded. Appeals disposed of with market value and severance charges restored. (¶6, 11)

Headnote

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In the Court's own words
Paragraph 6DETERMINATION ON ISSUE 2: COMPENSATION FOR FRUIT-BEARING TREES
Acts & Sections
s.23(1) Land Acquisition Act, 1894s.23(1A) Land Acquisition Act, 1894s.23(2) Land Acquisition Act, 1894s.18 Land Acquisition Act, 1894Art. 136 Constitution of India

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Also decided in this judgment
Are contiguous tracts of land acquired for a unified public purpose under the same scheme awarded consistent, non-discriminatory compensation?Is severance damage under the Land Acquisition Act, 1894 calculated on the market value of the remaining unacquired land, not the acquired land?Are solatium and the additional amount under the Act of 1894 payable only on the market value determined under Section 23(1) First Clause?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections