UNION OF INDIA Vs. SAVITRI DEVI AND ANOTHER

JUDGEMENT

(1.) Leave granted.

(2.) After hearing learned counsel for the parties, we deem it appropriate to set aside the impugned judgment and order as the circle rates, that has been relied upon, could not have been made the basis for determination of the compensation. In the guidelines, the circle rates have been provided for the purpose of payment of stamp duty, but that cannot be made the basis to determine the actual price of the market value of the property. It may vary considering the nature and situation of the land. Thus, the judgment of the 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 v. Union of India and Anr. [2010(3) R.C.R.(Civil) 172 : (2009) 15 SCC 769], has laid down thus: