MANILAL PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant/writ petitioner in the present writ appeal has challenged the order dated 18.04.2016 of the learned Single Judge in WPC No.1929 of 2015. The petitioner through the writ petition had questioned the document Annexure P-3 i.e. the guidelines for fixing market value of the property at Raipur district for the year 2015-16 particularly in Ward no.23 in respect of the building constructed by writ petitioner. The building or the construction built by the petitioner is known as Karsan Bhai Chambers situated in timber market on the road between Lal Chowk to Sindhu Bhawan in Rani Laxmin Bai ward i.e. ward no.23.

(2.) The challenge to the said guidelines was on the ground that the fixation of market value was arbitrary and also discriminatory. Arbitrary to the extent that there is no justification for enhancing the rate fixing the market value at Rs.90,000.00 per square meter which in fact is the rate or the market value of the property/building situated on the main road. Discriminatory on the ground that the said rate has been fixed on the property belonging to the petitioner whereas the rate of the property which situates immediately after the property of the petitioner i.e. beyond 20 meters from the main road is substantially low. It was also the contention of the petitioner that the fixation of market value is bad in law for the reason that it appears to have been done only on the property of the petitioner. It is exclusively for the said property and not for the area, ward or street.

(3.) The writ Court refused to entertain the writ petition on the ground that there is very limited scope of interference while invoking writ jurisdiction under Art. 226 of the Constitution of India in a challenge to the market value fixed by an expert body. According to the Single Bench, the market value guidelines are prepared by a committee of experts in this field and they fix the rate taking into consideration the ground realities after survey of each of the areas and the said committee is headed by none other than the Collector of the same district.