2017 (9) TMI 2025

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....No(s). 15453 OF 2017 (Arising out of SLP(C) No. 21149 of 2015), CIVIL APPEAL No(s). 15455 OF 2017 (Arising out of SLP(C) No. 21162 of 2015), CIVIL APPEAL No(s). 15456 OF 2017 (Arising out of SLP(C) No. 21163 of 2015), CIVIL APPEAL No(s). 15458 OF 2017 (Arising out of SLP(C) No. 21165 of 2015), CIVIL APPEAL No(s). 15457 OF 2017 (Arising out of SLP(C) No. 21164 of 2015 ), CIVIL APPEAL No(s). 15459 OF 2017 (Arising out of SLP(C) No. 21167 of 2015), CIVIL APPEAL No(s). 15461 OF 2017 (Arising out of SLP(C) No. 21171 of 2015), CIVIL APPEAL No(s). 15462 OF 2017 (Arising out of SLP(C) No. 21177 of 2015), CIVIL APPEAL No(s). 15460 OF 2017 (Arising out of SLP(C) No. 21173 of 2015), CIVIL APPEAL No(s). 15464 OF 2017 (Arising out of SLP(C) No. 17639 of....

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.... High Court cannot be sustained. In addition, there is nothing to indicate that any statutory committee has determined the said rate on a scientific basis and methodical assessment of market value. 3. This court in Lal Chand vs. Union of India & Anr. [(2009) 15 SCC 769], has laid down thus: "41. It should however be noted that as contrasted from the assessment of market value contained in non-statutory Basic Valuation Registers, the position may be different, where the guideline market values are determined by Expert Committees constituted under the State Stamp Law, by following the detailed procedure laid down under the relevant rules, and are published in the State Gazette. Such state stamp Acts and the Rules thereunder, provide for sc....

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..... Ajay Kumar & Ors. [(2014)13 SCC 734] it was held that circle rates could not form the basis. Compensation has to be determined on the basis of objective criteria, this court observed: "7.We have heard Shri L.N. Rao, learned Additional Solicitor General appearing for the appellants and Shri P.S. Narasimha, learned senior advocate appearing for the respondents. Though, we appreciate the anguish expressed by the High Court over the abysmally low market value determined by the Land Acquisition Collectors in almost all cases, a phenomenon which is prevalent all over the country, it is not possible to approve the exercise undertaken by the High Court for forcing the administration to prescribe circle rates as the criteria for fixing market va....