BAHADUR CHAND Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner challenges the order passed by the authorities under Section 47-A of the Stamp Act redetermining the value of the property mentioned in the sale deed in favour of the petitioner. While the petitioner had registered the sale deed in the year 2007 at the prescribed rate of Rs.50 lacs per acre, the Collector had sought to review the decision by acting on the report of the Sub-Division, Dera Bassi that the property was worth of Rs.60 lacs per acre and that it could be sold in the market "at appropriate time" at Rs.1 Crore per acre.

(2.) The learned Senior counsel appearing for the petitioner states that Jamabandi, which was drawn for the years 2002- 2003 referred to the property as Chahi land and even a report of the Sub Division, Dera Bassi had referred to the property as Chahi land and in the inspection, the property immediately adjoining the petitioner's property had been cultivated with wheat crops. The learned counsel would also refer to the reply filed by the State where the Collector's rate for a Chahi land was admitted to be only Rs.50 lacs per acre.

(3.) Adverting to the reply filed on behalf of the respondents and the documents relied on by the State referring to the property as gair mumkin plot for the years 2002-2003, the petitioner has filed a rejoinder contending that the Jamabandi entries for the years 2002-2003 as filed by the State are a fabrication and he has relied on the Jamabandi entry with the certification from the Patwari Halqa made on 26.12.2007 (immediately after sale) and on 09.08.2007 (immediately before sale) in which the property has been referred to only as Chahi land. Jamabandi is drawn up once in a period of 5 years and the entries after verification in the year 2007 continued to treat the property as originally entered in the Jamabandi for the years 2002-2003 as Chahi land.