S. CATHERINE Vs. CHIEF CONTROLLER OF REVENUE AUTHORITY

JUDGEMENT

(1.) The order dated 20.02.2014 passed under Section 47(A)(5) of the Indian Stamps Act by the first respondent is under challenge in the present Civil Miscellaneous Appeal.

(2.) The appellant admittedly registered a sale deed on 10.09.2007 in Document No.8733 of 2007 in respect of property measuring 4025 square feet. The guideline value during the relevant point of time was Rs.450 sq.ft. However, as per the circular issued by the Inspector General of Registration dated 12.09.2007, the higher value in respect of the property is to be taken into consideration for determining the value of the property. Pursuant to the circular issued by the Inspector General of Registration, 47A proceedings were initiated. Accordingly, the District Revenue Officer (Stamps) arrived a conclusion that a sum of Rs.1529/- would be appropriate value and determined the same for the purpose of levying the stamp duty. The Enquiry Officer/District Registrar (Administration), North-Chennai also submitted his report stating that a sum of Rs.1,500/- would be appropriate for the purpose of levying the stamp duty. The appellant was provided with an opportunity to submit his defence with reference to the determination of value. The appellant appeared in person before the first respondent and submitted his objections. The defence submitted by the appellant was that he registered the document as per Guideline value but now additional duty has been sought which is not correct. The area has been divided into Prabhu Nagar-I and Prabhu Nagar-II. Guideline value for Prabhu Nagar-I is Rs.1,500/- per sq.ft., while for Prabhu Nagar-II, the value was only Rs.450/- per sq.ft. The subject property is situated in Prabhu Nagar-II. The SubRegistrar himself had communicated the value as Rs.450/- by pencil in his document. Thus, he adopted correct value and his document should be released .

(3.) The first respondent/Inspector General of Registration considered the recommendation made by the District Registrar that the value of the subject property is Rs.1500/- per square feet on the ground that the property is 1 km away from Medavakkam Junction and lies nearer to Sholinganallur -Medavakkam Highway. The layout possess 30 feet and 60 feet vide roads and all basic amenities are available. Further, the property is surrounded by flats. As per local enquiry, market value in the vicinity ranges between Rs.1,000/- to Rs.1,500/- per sq.ft. Taking note of these factual aspects as well as the developments already took place in nearby vicinity, the first respondent/Inspector General of Registration determined the market value as Rs.1500/-.