TMI Blog2017 (9) TMI 2025X X X X Extracts X X X X X X X X Extracts X X X X ..... t have been made the basis for determining the market value. Resultantly, the judgment passed by the High Court is set aside - The appeals are allowed and the matters are remitted to the High Court for deciding afresh. - HON'BLE MR. JUSTICE ARUN MISHRA AND HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR CIVIL APPEAL No(s). 15449 OF 2017 (Arising out of SLP(C) No. 21137 of 2015), CIVIL APPEAL No(s). 15451 OF 2017 (Arising out of SLP(C) No. 21175 of 2015), CIVIL APPEAL No(s). 15454 OF 2017 (Arising out of SLP(C) No. 21150 of 2015), CIVIL APPEAL No(s). 15452 OF 2017 (Arising out of SLP(C) No. 21143 of 2015), CIVIL APPEAL No(s). 15453 OF 2017 (Arising out of SLP(C) No. 21149 of 2015), CIVIL APPEAL No(s). 15455 OF 2017 (Arising out of SLP( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Amita Singh Kalkal, AOR, Ms. Asha Gopalan Nair, Adv., Ms. Nivedita Nair, Adv. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions 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 bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the circle rates referred to in notification dated 23.2.2001 issued by appellant No.1 shall not constitute the sole criteria for fixing market value of the acquired land and the Land Acquisition Collector shall be free to make determination by taking into consideration the relevant factors and the evidence which may in an appropriate case include circle rates. 5. It was submitted by learned counsel appearing for the parties that it would be appropriate to permit the parties to adduce additional evidence. The High Court may permit the parties to adduce the evidence before the Reference Court and call for the finding of the Reference Court. 6. The circle rates for purpose of stamp duty could not have been made the basis for determining t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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