1. Land acquisition — Determination of compensation — Use of circle rates for market value. (Para 2 )
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2017 Supreme(SC) 1651
SUPREME COURT OF INDIA
ARUN MISHRA, MOHAN M. SHANTANAGOUDAR, JJ.
Union of India - Appellant
Versus
Savitri Devi & Anr. - Respondents
Civil Appeal Nos. 15448, 15450, 15449, 15451, 15454, 15452, 15453, 15455, 15456, 15458, 15457, 15459, 15461, 15462, 15460, 15464, 15470, 15467, 15463, 15465, 15466, 15468 & 15469 of 2017 (Arising out of SLP(C) Nos. 21136, 21138, 21137, 21175, 21150, 21143, 21149, 21162, 21163, 21165, 21164, 21167, 21171, 21177, 21173 of 2015; 7639, 7649, 16198, 13931, 16194, 17643, 17647 & 7651 of 2016)
Decided On : 21-09-2017
Important Points
The circle rates provided for the purpose of payment of stamp duty cannot be used to determine the actual price of the market value of the property. The circle rates should be determined by statutorily appointed expert committees and should not constitute the sole criteria for fixing the market value of the acquired land.
Subject
Property Law - Land Acquisition
Act Referred
Headnote
Circle Rates - Determination of Market Value - The court set aside the judgment and order as the circle rates, relied upon, could not have been made the basis for determination of the compensation. The circle rates provided for the purpose of payment of stamp duty cannot be used to determine the actual price of the market value of the property, as they may vary considering the nature and situation of the land. The court emphasized that the circle rates should be determined by statutorily appointed expert committees in accordance with the prescribed assessment procedure and published in the Gazette. The judgment also clarified that the circle rates should not constitute the sole criteria for fixing the market value of the acquired land, and the Land Acquisition Collector should be free to make determinations by considering relevant factors and evidence.
Fact of the Case:
The court set aside the impugned judgment and order as the circle rates, relied upon, could not have been made the basis for determination of the compensation.
Finding of the Court:
The court found that the circle rates provided for the purpose of payment of stamp duty cannot be used to determine the actual price of the market value of the property, as they may vary considering the nature and situation of the land. The judgment also clarified that the circle rates should not constitute the sole criteria for fixing the market value of the acquired land, and the Land Acquisition Collector should be free to make determinations by considering relevant factors and evidence.
Issues: The issues revolved around the use of circle rates for determining the market value of the acquired land and the authority of the Land Acquisition Collector to make determinations based on objective criteria.
Ratio Decidendi: The circle rates provided for the purpose of payment of stamp duty cannot be used to determine the actual price of the market value of the property. The circle rates should be determined by statutorily appointed expert committees in accordance with the prescribed assessment procedure and published in the Gazette. The circle rates should not constitute the sole criteria for fixing the market value of the acquired land, and the Land Acquisition Collector should be free to make determinations by considering relevant factors and evidence.
Final Decision: The court set aside the judgment passed by the High Court and remitted the matters to the High Court for deciding afresh.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajeet Kumar Sinha, Mr. Arun Kumar Singh, Mr. B. Krishna Prasad, Mr. B.V. Balram Das, Mr. V. Balalji, Ms. Rekha Pandey, Mr. D.S. Mahra
For the Respondents: Ms. Shashi Kiran, Dr. Satish Chandra, Mr. S.K. Rout, Mr. Manoj Sharma, Ms. Amita Singh Kalkal, Ms. Asha Gopalan Nair, Ms. Nivedita Nair
Advocate Appeared:
For the Appellant : Mr. Ajeet Kumar Sinha, Mr. Arun Kumar Singh, Mr. B. Krishna Prasad, Mr. B.V. Balram Das, Mr. V. Balalji, Ms. Rekha Pandey, Mr. D.S. Mahra
For the Respondents: Ms. Shashi Kiran, Dr. Satish Chandra, Mr. S.K. Rout, Mr. Manoj Sharma, Ms. Amita Singh Kalkal, Ms. Asha Gopalan Nair, Ms. Nivedita Nair
Table of Contents
2. Whether circle rates prescribed for stamp duty purposes can serve as the sole basis for determining the market value of acquired land. (Para 2 , 4 )
3. Circle rates for stamp duty lack scientific basis and methodical assessment required to determine actual market value, which varies by land nature and situation. (Para 2 , 3 , 4 )
4. Circle rates for stamp duty cannot be the basis for market value unless determined by a statutorily appointed expert committee using scientific methods. (Para 2 , 3 , 4 , 6 )
5. High Court judgment set aside; appeals allowed; matters remitted for fresh decision with permission to adduce additional evidence. (Para 5 , 6 )
6. Can circle rates used for stamp duty be the sole basis for determining market value in land acquisition?
No, circle rates provided for stamp duty cannot be the sole basis for determining market value as they may not reflect the actual price, which varies based on the nature and situation of the land. (Para 2 , 6 )
7. Under what conditions can guideline market values be considered relevant evidence in land acquisition cases?
Guideline market values are relevant evidence only if they are assessed by statutorily appointed Expert Committees following a scientific and methodical procedure, finalized after inviting objections, and published in the State Gazette. (Para 3 )
8. How should market value be determined under the 1894 Act?
Market value must be determined using objective criteria and relevant evidence under the 1894 Act; it cannot be controlled by judicial fiat forcing the administration to adopt circle rates as the sole criteria. (Para 4 )
ORDER :
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 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 scientific and methodical assessment of market value in different areas by Expert Committees.
44. One of the recognised methods for determination of market value is with reference to opinion of experts. The estimation of market value by such statutorily constituted expert committees, as expert evidence, can, therefore, form the basis for determining the market value in land acquisition cases, as a relevant piece of evidence. It will be however open to either party to place evidence to dislodge the presumption that may flow from such guideline market value. We, however, hasten to add that the guideline market value can be a relevant piece of evidence only if they are assessed by statutorily appointed Expert Committees, in accordance with the prescribed assessment procedure (either streetwise, or road-wise, or area-wise, or village-wise) and finalised after inviting objections and published in the Gazette. Be that as it may.
46. In the instant case, there is nothing to show the circle rates have been determined by any statutorily appointed committee by adopting scientific basis. Hence, the principle in Jawajee Naganatham will apply and they will not be of any assistance for determining the market value. Further, they do not purport to be the market value for lands in rural areas on the outskirts of Delhi, nor the market values relating to Rithala village. The circle rates relate to urban/city areas in Delhi and are wholly irrelevant.”
4. In Government (NCT of Delhi) & Ors. v. 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 value or for determination of the compensation. The 1894 Act contains a comprehensive mechanism for fixing market value and determination of the compensation payable. Any person, who feels aggrieved by the award of the Land Acquisition Collector or the determination made by the Reference Court can avail remedy either by filing an application under Section 18 of the 1894 Act or by filing an appeal under Section 54 thereof. Therefore, there was no justification for the
