Title: Civil Appeal No. 1173 of 2023: Supreme Court’s guidelines for relying on sale exemplars in land acquisition cases

The Supreme Court of India, in Civil Appeal No. 1173 of 2023, addressed the issue of relying on sale exemplars in land acquisition cases. The court clarified that large extent sale exemplars can be relied upon when the land acquired is extensive, and the sale exemplars are comparable transactions. The court also reiterated that the sale exemplars of smaller extents can be considered, subject to appropriate deductions for development charges. The court noted that the comparability of sale exemplars is crucial and should be analyzed on a case-by-case basis based on the available evidence. The court further emphasized that when a person holds a smaller extent of land with non-agricultural potential due to non-cultivation and urbanization, such land should be treated as having non-agricultural potential, and the yardstick to determine the appropriate exemplar should be applied accordingly.

The court fixed the market value at 25,20,000/acre after deduction of developmental charges.

The excess amount paid to the land losers to be recovered.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.