Supreme Court Of India
(From : AIROnline 2022 Bom 1596)
B. R. Gavai , C.J.I.
AND
Augustine George Masih
, J
Land Acquisition Act (1 of 1894) , S.23— Land acquisition – Compensation – Determination of market value – Reference Court noticed ten exemplar sale deeds but highest exemplar sale deed was overlooked by Reference Court – High Court noticed same but recorded incorrect finding that said sale exemplar sale deed was considered – Reference Court had erred in applying principle of averaging of sale price in four sale deeds for determining market value – It is settled law that even where there are several exemplars with reference to similar lands, usually the highest of the exemplars, which is a bona fide transaction will be considered – Only where there are several sales of similar lands whose prices range in a narrow bandwidth, the average thereof can be taken, as representing the market price – In view of the fact that acquired lands were in prime location, compensation was enhanced on the basis of highest exemplar sale deed after applying appropriate deduction.
AIROnline 2022 Bom 1596-ReversedAIR 2018 SC 2248-Followed
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