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High Sale Price As Per Deed

The document discusses the determination of market value for land acquisition based on average prices from bona fide transactions. It references legal cases that establish that the highest price from similar land sales should be used to assess market value, emphasizing the importance of genuine transactions. The document serves as a guideline for valuers on how to approach market value assessments in compulsory land acquisition scenarios.

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0% found this document useful (0 votes)
4 views2 pages

High Sale Price As Per Deed

The document discusses the determination of market value for land acquisition based on average prices from bona fide transactions. It references legal cases that establish that the highest price from similar land sales should be used to assess market value, emphasizing the importance of genuine transactions. The document serves as a guideline for valuers on how to approach market value assessments in compulsory land acquisition scenarios.

Uploaded by

sreeraj1986
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ng - Let knowledge spread - Part 127

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ub : Sharing - Let knowledge spread - Part 127

r. Gopinatha Rao, (Former National President of


OV) has requested me to share the following
formation to the fellow valuers.

ETERMINATION OF MARKET VALUE ON THE


ASIS OF AVERAGE PRICE PAID UNDER SALE

hen land is being compulsorily taken away, the


ndholder is entitled to claim the highest value
hich similar land in the locality is shown to have
etched in a bonafide transaction

State of Punjab and Anr. vs. Hans


, (1994) 5 SCC 734. it was held as under

s the method of averaging the prices fetched by


ales of different lands of different kinds at
ifferent times, for fixing the market value of the
cquired land, if followed, could bring about a
igure of price which may not at all be regarded
s the price to be fetched by sale of acquired

ne should not have, ordinarily recourse to such


ethod. It is well settled that genuine and bona
ide sale transactions in respect of the land under
cquisition or in its absence the bona fide sale
ransactions proximate to the point of acquisition
f the lands situated in the neighbourhood of the
cquired lands possessing similar value or utility
aken place between a willing vendee and the
Kanaga sabapathy
KS willing vendor which could be expected to reflect
Case studies - Soft copy Fri 10/12
the true value, as agreed between reasonable
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prudent persons acting in the normal market
conditions are the real basis to determine the
Volume 18C - C… +2
market value.”.

KS Kanaga sabapathy In Anjani Molu Dessai vs. State of Goa And Anr.,
Batch 48 - List of participa… Fri 10/12 (2010) 13 SCC 710, this Court held as under:- “.
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Upgrade to Office The legal position is that even where there are
365 with premium Batch 48 - List o… several exemplars with reference to similar lands,
Outlook features usually the highest of the exemplars, which is a
bonafide transaction, will be considered. Where
B [email protected]
however there are several sales of similar lands
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whose prices range in a narrow bandwidth, the
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