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Administrator General Of West Bengal vs Collector, Varanasi on 16 February, 1988

There is no evidence to show that the market value of the land remained stable from the date of preliminary notification and the date of sale deed Ex.P-1. The Reference Court has relied upon Ex.P-2 to determine the market value of the acquired land. Under these circumstances, we are of the view that since the sale deed Ex.P-1 has come into existence long after the date of preliminary notification, the Reference Court was fully justified in the facts and circumstances of the case in rejecting the said sale deed. The observation made by the Supreme Court in ADMINISTRATOR GENERAL'S CASE supra relied upon by Sri. Shivasubramanian has no application to the facts of the present case. It is necessary to point out that at para 6 of the judgment, the Supreme Court while taking the view that subsequent transactions which are not proximate in point of time to the acquisition can be taken into account for purposes of determining whether as on the date of acquisition there was upward trend in the prices of land in the area has clearly laid down that the said principle could be applied to only where there is evidence to the effect that there was no upward surge in the prices in the interregnum and the burden of establishing the same would be squarely on the party relying on such subsequent transaction.
Supreme Court of India Cites 15 - Cited by 332 - Full Document
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