RFA-592 v. Swaran Singh Kahlon & Anr.

GMADA The contention raised on behalf of the appellant-GMADA The contention raised on behalf of the appellant that the sale instances produced by it ought to be considered for re- that the sale instances produced by it ought to be considered for re that the sale instances produced by it ought to be considered for re that the sale instances produced by it ought to be considered for re cannot be accepted as in the humble assessment of market value cannot be accepted as in the humble cannot be accepted as in the humble assessment of market value ion of this Court, the Hon’ble Apex Court in case of Lal Chand ion of this Court, the Hon’ble Apex Court in case of opinion of this Court, the Hon’ble Apex Court in case of Lal Chand (supra) only held that Section 25 of (supra) only held does not bar the that Section 25 of the 1894 Act does not bar the consideration of sale instances reflecting lesser consideration for the consideration of sale instances reflecting lesser consideration for the consideration of sale instances reflecting lesser consideration for the consideration of sale instances reflecting lesser consideration for the does not, in purpose of determining market value. The said decision does not, in purpose of determining market value. The said decision purpose of determining market value. The said decision any manner, mandate that every sale instance produced on record any manner, mandate that every sale instance produced on record any manner, mandate that every sale instance produced on record any manner, mandate that every sale instance produced on record SANJAY GUPTA 2026.05.21 19:51 I attest to the accuracy and integrity of this document RFA-592 592-2024 (O&M);XOBJR-46-2024 2024 & other connected cases [9 9] Furthermore, must be relied upon regardless of its evidentiary worth. Furthermore, must be relied upon regardless of its evidentiary worth. must be relied upon regardless of its evidentiary worth. it is now well-settled principle of law that it is now well where multiple sale settled principle of law that where multiple sale e highest of such sale instances are available on record, it is the highest of such sale instances are available on record, it is th instances are available on record, it is th instances that must be taken as the basis for determination of market instances that must be taken as the basis for determination of market instances that must be taken as the basis for determination of market instances that must be taken as the basis for determination of market as the landowner is entitled to the best price that his land could value as the landowner is entitled to the best price that his land could as the landowner is entitled to the best price that his land could as the landowner is entitled to the best price that his land could have fetched in the open market at the time of acquisition. The have fetched in the open market at the time of acquisition. The have fetched in the open market at the time of acquisition. The have fetched in the open market at the time of acquisition. The principle is that a willing seller in an open rationale underlying this principle is that a willing seller in an open principle is that a willing seller in an open rationale underlying this market would naturally seek and obtain the best available price, and market would naturally seek and obtain the best available price, and market would naturally seek and obtain the best available price, and market would naturally seek and obtain the best available price, and the landowner who is compulsorily deprived of his land cannot be the landowner who is compulsorily deprived of his land cannot be the landowner who is compulsorily deprived of his land cannot be the landowner who is compulsorily deprived of his land cannot be placed in a position worse than such a willing seller. placed in a position worse than such a willing seller. placed in a position worse than such a willing seller.

9.1. Moreover, the Hon'ble Apex Apex Court, time and again held sale instances reflecting a lesser consideration are required that the sale instances reflecting a lesser consideration are required sale instances reflecting a lesser consideration are required sale instances reflecting a lesser consideration are required to be scrutinised with greater caution to be scrutinised with greater ca , as such transactions may be ution, as such transactions may be sales between relatives, or deliberate the result of distress sales; sales between relatives, or deliberate sales between relatives, or deliberate the result of distress sales underval uation for the purposes of stamp duty, and may not reflect uation for the purposes of stamp duty, and may not reflect uation for the purposes of stamp duty, and may not reflect In such circumstances, the sale the true market value of the land. In such circumstances, the sale In such circumstances, the sale the true market value of the land. instances produced by the appellant- instances produced by the appellant GMADA cannot be considered -GMADA cannot be considered to be bona fide sale instances and need to be discarded. bona fide sale instances and need to be discarded.

10. noticed here that the contention raised It may also be noticed here that the contention raised behalf of learned counsel for the appellant behalf of learned counsel for the once sale appellant-GMADA that once sale deeds pertaining to the present acquisition are available on record, deeds pertaining to the present acquisition are available on record, deeds pertaining to the present acquisition are available on record, deeds pertaining to the present acquisition are available on record, , does not merit previous awards or judgments cannot be relied upon, does not merit previous awards or judgments cannot be relied upon previous awards or judgments cannot be relied upon acceptance with this Court ceptance with this Court. The Hon’ble Apex Court . The Hon’ble Apex Court Manoj Kumar Manoj Kumar SANJAY GUPTA 2026.05.21 19:51 I attest to the accuracy and integrity of this document RFA-592 592-2024 (O&M);XOBJR-46-2024 2024 & other connected cases [10 10] vs. State of Haryana & Others etc. vs. State of Haryana & Others