The market value specified in the Stamp Act for registration of Sale Deed and/or Agreement of Sale in the area of the land situated must be considered for determining the compensation amount, and executive instructions cannot contravene statutory provisions or rules.

JUDGMENT

S.V.GANGAPURWALA,J. - Rule. Rule returnable forthwith with the consent of the parties.

The Petitioner assails corrigendum dtd. 11/9/2018. Under the said corrigendum, the circular dtd. 30/8/2019 is not made applicable to the acquisition for the Nagpur-Mumbai Express Highway Project.

2. Under the Government Resolution dtd. 13/8/2018, the Government had taken a decision to consider the ready reckoner as per the Maharashtra Stamp Act, 1958 for the purpose of determining the market value of the land. The said decision is sought to be escaped for the Nagpur-Mumbai Express Highway Project.

3. The learned Counsel for the Petitioner submits that the Respondents cannot differentiate between the projects while determining the compensation amount. Same would be violative of Article 14 of the Constitution of India. The Respondents cannot determine the quantum of compensation for projects applying different policies. According to the learned Counsel, the same also would not be in consonance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4. The learned Advocate General for the State submits that guidelines are provided for determination of the ready reckoner rates under the Indian Stamps Act. Under the Notification dtd. 23/8/2014, Rules have been framed namely - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 (the Rules 2014). The learned Advocate General submits that in case the award is pass13ed, the Petitioners have right to assail before the executive. Before the executive, the Petitioner can raise all the contentions. The learned Advocate General submits that circular need not be quashed. The learned Advocate General submits that 83% of acquisition is complete by private purchase and compensation paid. In view of that, impugned communication is issued.

5. The acquisition made for Nagpur-Mumbai Express Highway is under the provisions of the Maharashtra Highway Act. If the acquisition is under the Maharashtra Highway Act, then the provisions of Sec. 26 to 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are applicable for determination of the compensation. Sec. 26 of the Right to Fair Compensation Act lays down the following criteria for determination of compensation. Ss. 26 reads as under:-

"26:- Determination of market value of land by Collector:- (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely-

(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or

(b) the average sale price for similar type o land situated in the nearest village or nearest vicinity area; or

(c) consented amount of compensation as agreed upon under sub-sec. (2) of sec. 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher.

Provided that the date for determination of market value shall be the date on which the notification has been issued under sec. 11.

6. Sec. 19-B of the Maharashtra Highway Act, provides for the determination of the amount payable as compensation. Proviso to Sub-Sec. 3 of Sec. 19-B of the Act provides that the State Government while issuing the general order under the preceding proviso shall adhere to the provision of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, relating to determination of the amount of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules.

7. Sec. 26(1) (a) of the Act of 2013 provides the mechanism for determination of the market value, inter alia, the quantum of compensation payable upon acquisition of