LAWS(CHH)-2019-12-9

ASHUTOSH AGRAWAL Vs. UNION OF INDIA

Decided On December 06, 2019
ASHUTOSH AGRAWAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) (a) Whether the 'minimum value', if any, stipulated in the Indian Stamp Act, 1899 (for short, 'the Stamp Act') or the relevant Rules/Guidelines stipulated for fixing stamp duty in respect of the conveyance to be registered reflects the 'actual market value' to be paid to a land owner, pursuant to the compulsory acquisition of his property ?

(2.) The appeals arise from a common judgment dated 18.09.2018 passed by a learned Judge of this Court declining to interfere with the course of action pursued by the Competent Authority as to fixation of compensation in respect of compulsory acquisition of land, and to set aside paragraph 3 of "Praroop-I" of the Circle Rate Guidelines fixed by the Collector vide Annexure-P/16. Writ Appeal No. 07/2019 arising from Writ Petition (C) No.3154 is treated as the lead case and parties and proceedings are referred to, as given therein, except to the extent where it is separately mentioned, based on the context.

(3.) We heard Shri Amit S. Agrawal, the learned Senior Advocate on behalf of the Appellants and Mr. Sudeep Agrawal, learned Deputy Advocate General on behalf of the Competent Authority/State and Shri Navin Shukla, learned counsel for the National Highways Authority.