STATE OF CHHATTISGARH Vs. BOARD OF REVENUE BILASPUR

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is preferred against order dated 31 -1 -2009 passed by the Board of Revenue in the matter of appeal preferred by 2nd respondent whereby the Board of Revenue has set aside the order of the Collector, Stamps. Briefly stated facts necessary for determination of the controversy involved in the writ petition are that the 2nd respondent purchased an open land admeasuring 24,614 sq. ft. 0.56.5 acres 0.229 hectares from respondent No. 3 vide sale deed dated 20 -4 -2005. For the purposes of payment and affixation of stamp duty leviable in respect of the sale transaction, the parties to sale disclose and stated Rs. 19,23,500/ - as the valuation of land. However, as per the existing guidelines published by the Collector, the market value of the property being Rs. 21,06,000/ -, stamp duty of Rs. 2,08,070/ - on the market value of Rs. 21,07,000/ - was paid. The registering authority accepted the valuation and proceeded to register the sale deed.

(2.) LEARNED counsel for the State/Petitioner, assailing the correctness and validity of the order passed by the Board of Revenue, submit that the Collector, Stamps, while exercising its jurisdiction under Section 47(A) of the Stamps Act had taken into consideration, all relevant aspects. He submits that the Collector, Stamps found that the land was situated near main road and connected through a small inroad 40 -50 feet away from main road. The Collector also took into consideration that even though the land was situated in a residential area, the vicinity of the land from main road and being surrounded by commercial sites required a higher valuation than what was done by the parties and accepted by registering authority. Learned State counsel also submitted that the guidelines issued by the Collector from time to time are not binding on the Collector, Stamps and other relevant factors can be taken into consideration to assess proper market value of subject -matter of sale and purchase. It is also contended that the Collector, Stamps, taking into consideration that the land was situated in residential area abutting a commercial plot and situated near main road, workout average rate of commercial and residential land and also deducted substantially, taking into consideration other diminishing factors that the land was bigger in size, uneven and not having even measurement. Thus, there was no illegality or perversity in the order passed by the Collector, Stamps warranting any interference in appeal by the Board of Revenue. In support of submission, learned State counsel relied upon the judgment of the Supreme Court in the cases of State of Punjab v. Mohabir Singh, : AIR 1996 SC 2994 and Ramesh Chand Bansal v. District Magistrate/Collector, Ghaziabad, : AIR 1999 SC 2126.

(3.) SECTION 47(A) of the Indian Stamp Act empowers the Collector to suo motu call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is subject -matter of any such instrument and the duty payable thereon. Under the statutory scheme, such power can be exercised if he has reason to believe that the market value of such property has not been truly set forth in the instrument.