AI Overview...
Highest Sale Exemplar - Main Points and Insights
- Highest Sale Exemplar as Determinant of Compensation: Multiple sources emphasize that the highest sale exemplar should be considered when assessing land value for compensation purposes. Courts consistently hold that among various sale deeds or exemplars, the highest genuine and contemporaneous sale rate provides the most appropriate basis for valuation.
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References: State of Tripura VS Aditya Kumar Tewari - Tripura, Airports Authority of India, Agartala Airport, Singarbil VS Mina Rani Rudrapal, W/o Jyotindra Paul - Tripura, State of Tripura VS Khukumani Das - Tripura, Union Of India, Secunderabad VS ERRA Maruthi, Karimnagar Dist. - Telangana, Manoj Kisan Jadhao VS State of Maharashtra through Collector, Yavatmal - Bombay, Rajinder Kumar Gupta through LR and others vs State of Haryana and others - Punjab and Haryana, BHAGWAT SWAROOP VS STATE OF UTTAR PRADESH - Allahabad
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Legal Principle and Judicial Precedents: It is a settled law that when multiple sale exemplars are available, the highest sale value should be used, provided it is bona fide and supported by evidence. Courts reject lower sale rates, especially if they do not reflect the true market value, and favor the highest credible sale instance.
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References: State of Tripura VS Khukumani Das - Tripura, Airports Authority of India, Agartala Airport, Singarbil VS Mina Rani Rudrapal, W/o Jyotindra Paul - Tripura, Union Of India, Secunderabad VS ERRA Maruthi, Karimnagar Dist. - Telangana, Rajinder Kumar Gupta through LR and others vs State of Haryana and others - Punjab and Haryana
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Relevance of Sale Deeds and Contemporaneous Transactions: Courts prioritize sale deeds that are recent and from similar localities, considering them as reliable indicators of market value. The relevance of such exemplars is upheld, especially when they reflect the highest genuine sale price.
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References: State of Tripura VS Khukumani Das - Tripura, Airports Authority of India, Agartala Airport, Singarbil VS Mina Rani Rudrapal, W/o Jyotindra Paul - Tripura, Manoj Kisan Jadhao VS State of Maharashtra through Collector, Yavatmal - Bombay, Rajinder Kumar Gupta through LR and others vs State of Haryana and others - Punjab and Haryana
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Adjustment and Validation of Sale Rates: Where discrepancies exist, courts may adjust the assessed value based on the highest sale exemplar, considering factors like location, potential for development, and market trends. For example, in cases involving lands on river banks or with development potential, the highest exemplar is used for fair compensation.
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References: State of Tripura VS Aditya Kumar Tewari - Tripura, Union Of India, Secunderabad VS ERRA Maruthi, Karimnagar Dist. - Telangana, Manoj Kisan Jadhao VS State of Maharashtra through Collector, Yavatmal - Bombay
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Rejection of Lower Sale Rates: Sale deeds reflecting lower rates are often discarded if they do not accurately represent the market, with courts affirming that the highest sale exemplar is the appropriate benchmark.
- References: Union Of India, Secunderabad VS ERRA Maruthi, Karimnagar Dist. - Telangana, BHAGWAT SWAROOP VS STATE OF UTTAR PRADESH - Allahabad
Analysis and Conclusion
Courts across various judgments consistently endorse considering the highest sale exemplar as the primary basis for determining land compensation under the Land Acquisition Act. This approach ensures that landowners are compensated fairly, reflecting the true market value. The principle is supported by legal precedents, which emphasize the credibility and relevance of the highest genuine sale rate, especially when backed by contemporaneous sale deeds and similar land conditions. Therefore, the highest sale exemplar is regarded as the most reliable and equitable indicator for valuation purposes in land acquisition cases.
References: - State of Tripura VS Aditya Kumar Tewari - Tripura, Airports Authority of India, Agartala Airport, Singarbil VS Mina Rani Rudrapal, W/o Jyotindra Paul - Tripura, State of Tripura VS Khukumani Das - Tripura, Union of India, represented by Secretary to Government (Revenue) Puducherry VS K. Rajeswari - Madras, Maroti Sahebrao Chaval vs The State of Maharashtra through the Collector, Jalna - Bombay, Baru VS State of Haryana - Punjab and Haryana, Union Of India, Secunderabad VS ERRA Maruthi, Karimnagar Dist. - Telangana, Manoj Kisan Jadhao VS State of Maharashtra through Collector, Yavatmal - Bombay, Rajinder Kumar Gupta through LR and others vs State of Haryana and others - Punjab and Haryana, BHAGWAT SWAROOP VS STATE OF UTTAR PRADESH - Allahabad
Search Results for "Highest Sale Exemplar should be Considered"
2015 0 Supreme(Tri) 598 • India - Tripura
S.TALAPATRA
Act, and considered the highest sale exemplar for determining compensation. ... Finding of the Court: The court analyzed the assessment of land value, sale exemplars, and potentiality, and determined ... Issues: The issues revolved around the adequacy of the land value assessment, consideration of sale exemplars, and determination ... State of Punjab & Ors., reported in AIR 2012 SC 2721, the sale exemplar which ....
2017 0 Supreme(Tri) 266 • India - Tripura
S.TALAPATRA
Ratio Decidendi: The court's decision was based on the assessment of sale exemplars and their relevance to the acquired land ... exemplars and their relevance to the acquired land. ... Section 18, Section 23, Section 34 - The court discussed the determination of land value under the Land Acquisition Act, considering sale ... It would be apparent that the highest sale exemplar as considered by the Land Acquisition Collection was Rs.60,000/- per kani ....
2015 0 Supreme(Tri) 314 • India - Tripura
S.C.DAS
deeds, and where several exemplars are available, the highest exemplar should be considered. ... The court also emphasized the relevance of contemporaneous sale deeds and upheld the judgment of the L.A. ... under the Land Acquisition Act, focusing on the factors to consider in determining market value, the relevance of contemporaneous sale ... It is also a settled law that where there are several exemplars with reference to similar lands the highest ....
2024 0 Supreme(Mad) 2196 • India - Madras
R. SUBRAMANIAN, R. SAKTHIVEL
... ... Ratio Decidendi: The court ruled that the trial court correctly considered the highest value reflected in exemplar sale deeds ... the trial court's decision, emphasizing the entitlement of landowners to the highest value reflected in exemplar sale deeds. ... exemplar sale deeds and the purpose of acquisition in determining compensation - The appellant contended that the sale deeds were ... value and normal....
• India - Bombay High Court - Bench at Aurangabad
S. V. Gangapurwala, J
The reference court's earlier compensation rates were compared and adjusted based on exemplar sales, establishing reasonable compensation ... The highest sale exemplar is required to be considered while awarding compensation amount. According to the learned counsel, there was no impediment for the Reference Court to consider the said sale instances. The lands of the claimants are situated on the bank of river Dudhna. ... The learned counsel submits that, said sale ins....
2015 0 Supreme(P&H) 2186 • India - Punjab and Haryana
RAJESH BINDAL
consideration shown in the sale-deeds produced by the parties. ... Issues: Assessment of compensation for acquired land, consideration of sale-deeds, and determination of market value based ... thumb rule for assessing the value of the land based on its location and potential for development, disregarding the variations in sale ... He further submitted that in view of the settled position of law, highest sale exemplar had to be considered for the purpose of assessmen....
2024 0 Supreme(Telangana) 384 • India - Telangana
ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
Reference Court enhanced the market value of acquired lands from Rs.1,90,000/- to Rs.4,84,000/- per acre based on evidence and sale ... Ratio Decidendi: The court affirmed that the Reference Court's reliance on sale deeds and evidence was appropriate ... The Land Acquisition Officer is justified in discarding the sale deeds which reflect lower rates since it is settled principle of law that the sale deed showing the highest value should be considered as exemplar #HL_....
2017 0 Supreme(Bom) 847 • India - Bombay
SHALINI PHANSALKAR JOSHI
The court also considered specific sale instances and awarded enhanced compensation based on the actual potential and market value ... Section 54 - The court discussed the classification of lands based on land revenue, market value determination, and consideration of sale ... The court also highlighted the importance of considering sale instances from the same village to ascertain the market price of acquired ... This sale instance being the highest exemplar, the Refe....
2025 Supreme(Online)(P&H) 5049 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harkesh Manuja, J
Issues framed include the assessment of market value and the applicability of certain sale instances. ... Further, in view of the settled law, the highest bona fide and genuine sale exemplar needs to be considered for assessing the market value. In this case, the sale exemplar (Ex. ... P-6) dated 03.07.1990, for an area measuring 10 kanal 13 marla within the revenue estate of Village Kot Mushtarka, is the highest exemplar, therefore....
2008 0 Supreme(All) 1808 • India - Allahabad
A.P.SAHI, AMITAVA LALA
can be construed as exemplar sale-deed—Thus, price @ Rs. 20 per sq. yd. cannot be accepted—But price fixed by Court of Reference ... fixation of value of acquired land, date of Notification under Section 4 of Act, is appropriate date—Therefore, under no circumstance, sale-deeds ... However, Court of reference further held that the S.L.A.O. could have considered Rs. 65 per square yard as the highest exemplar sale-deed in respect of few such lands nearer to Delhi-Bagpat....
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