MUKESH GARG Vs. STATE OF M.P

JUDGEMENT

(1.) THE petitioner in this Public Interest Litigation has prayed for quashment of Annexures P -1 to P2, the guidelines fixed by the District Administration for the purpose of valuation of property, particularly, agricultural land.

(2.) THE petitioner pleaded that he is public -spirited person and this PIL has been filed in public interest. The authorities have fixed value of land in exercise of powers conferred under Madhya Pradesh Preparation and Revision of Market Value Guideline Rules, 2000 [hereinafter called as " Rules of 2000'']. In accordance with the petitioner, there are some anomalies in regard to fixing of price if the area of plot is less than 1000 sq.m. The anomaly has been created due to arbitrary fixation of guidelines. It is further pleaded that the person who wants to purchase the land has to pay registration fees and value the property in accordance with the guidelines. The statutory rules named as ''Rules of 2000'' in fixing guidelines, have not been followed.

(3.) BEFORE fixing guidelines in accordance with Rules of 2000, the respondents invited objections. The petitioner has not pleaded in the petition that he filed any objection before the authority or not. Apart from this, the Inspector General of Registration and Superintendent (Stamp) under Rules 9 and 11 of Rules of 2000 has power of revision. He has also power to rectify certain ambiguity, if there is any, in regard to fixation of guidelines. The rules have a statutory force of law because the rules have been framed by the Stave Government in exercise of powers under Section 47 -A read with Section 75 of Indian Stamps Act, 1899 The petitioner has a remedy to approach before the Inspector General of Registration and Superintendent (Stamp).