RAMJILAL KULSHRESTHA Vs. STATE OF M P

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has challenged the order dated 31.3.2011, Annexure P/3, whereby the Collector and Chairman, District Valuation Committee has fixed the guidelines for the purpose of determination of the market value of the land.

(2.) The petitioner, who owns land in village Badagaon, MorarGwalior, is interested to sell the land by developing it. As per the contention of Shri Bharadwaj, learned senior counsel, the market value is to be fixed as per the procedure prescribed in Madhya Pradesh Preparation and Revision of Market Value Guideline Rules, 2000 (hereinafter referred to as the 2000 Rules ). These rues are made in exercise of powers conferred by Section 75 read with Section 47-A of Indian Stamp Act, 1899 (hereinafter referred to as the Stamp Act ). Shri Bharadwaj has attacked the validity of Annexure P/3 on following grounds:-

(3.) To elaborate, learned senior counsel submits that 2000 Rules are made under the Stamp Act and, therefore, the same are statutory, mandatory and binding in nature. He submits that if some thing is prescribed in the Statute and to be done in a proper manner, it has to be done strictly in the same manner and other methods are forbidden. He submits that Collector has failed to fix the market value after taking into consideration the relevant factors enumerated in rule 5 aforesaid. He placed reliance on following judgments:-