PAINDER SINGH AND ORS. ETC. ETC. versus UNION OF INDIA ETC. ETC.

PAINDER SINGH AND ORS. ETC. ETC. versus UNION OF INDIA ETC. ETC.

Circulars issued under Section 48 of Stamp Act for fixing market value for registration/stamp duty purposes cannot form basis for determination of compensation under Section 23(1) of Land Acquisition Act; claimant must prove prevailing market value by evidence of comparable sale transactions.

Parties
Petitioner: Painder Singh and Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
08 August 1995
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Compensation Determination, Market Value Assessment, Relevance of Stamp Act Circulars
Land Acquisition Compensation Determination Market Value Assessment Relevance of Stamp Act Circulars

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Parties

Painder Singh and Ors.

Petitioner

Union of India

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether circulars issued for fiscal purposes under Stamp Act are relevant in determining market value under Section 23(1) of Land Acquisition Act
  2. 2 Whether compensation awarded by High Court should be further enhanced

Ratio Decidendi

Circulars issued under Section 48 of Stamp Act for fixing market value for registration/stamp duty purposes cannot form basis for determination of compensation under Section 23(1) of Land Acquisition Act; claimant must prove prevailing market value by evidence of comparable sale transactions.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petitions are dismissed