SHANKAR LAL VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The effect of not laying the impugned amendment in the Rules relating to assessment and imposition of premium for diversion under Sec. 172 read with Sec. 59 of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Code') before the State Legislative Assembly in contravention of the laying clause contained in sub-sec. (4) of Sec. 258 of the Code, is the issue involved in this writ petition.

(2.) The aforesaid question arises in the following factual backdrop: -

(3.) The erstwhile State of Madhya Pradesh enacted rules regarding alteration of assessment and imposition of premium for diversion under Sec. 172 read with Sec. 59 of the Madhya Pradesh Land Revenue Code, 1959 for diversion from a non-agricultural purpose to an agricultural purpose in non-urban and urban areas and diversion from an agricultural purpose to a non-agricultural purpose, by notification dtd. 6/1/1960 which was in vogue till the impugned notification issued on 4/2/2020, whereby the State of Chhattisgarh notified amendment in the notification dtd. 6/1/1960 exercising power and jurisdiction under Sec. 258(1) read with Sec. 59 of the Code making revision of rates in diversion of change of purpose enumerated therein. Sec. 258(1) of the Code empowers the State Government to make rules for the purpose of carrying into effect the provisions of the Code. Sec. 258(2)(iii) provides that the State Government can makes rules concerning regulation of assessment of land revenue on diversion of land to other purposes and imposition of premium under Sec. 59 and in that regard, notification dtd. 6/1/1960 was issued regarding alteration of assessment and imposition of premium was notified and the said notification continued in operation. Sec. 258(4) provides that all rules made under the Code shall be laid on the table of the Legislative Assembly and shall be subject to such modifications as the Legislative Assembly may make.