The Collector is bound to follow the procedure prescribed under the West Bengal Stamp (Prevention of Under Valuation of Instruments) Rules, 1994, and to consider the relevant factors in determining the valuation of land.

Satyabrata Sinha, J.: This application is directed against an order dated 14.5.97 passed by the respondent No.4 as contained in Annexure 'I' to the writ application whereby and whereunder the valuation of 3 cottahs of land belonging to the petitioner has been fixed at Rs. 18 lacs.

2. The fact of the matter lies in a very narrow compass.

3. Admittedly the proforma respondent No. 5 was owner of a land measuring 3 cottahs situated at Mouza Selimpur within Calcutta Municipal Corporation being premises No. 32/3B, Gariahat Road (South), Calcutta appertaining to Ward No. 92 within Jadavpur Police Station.

4. By reason of 4 registered deeds of sale executed on 23.4.94, the respondent No.5 purchased the said property on a total consideration of Rs. 3,37,500/-. The petitioner having come to learn that the said respondent intended to sale the property, agreed to purchase the same for a consideration of Rs. 8 lacs. A deed of sale was prepared showing the aforementioned value and the same was presented before the Additional Sub-Registrar, Alipore who assessed the value of the said property at Rs. 21 lacs. As an objection thereto was filed in terms of s. 47B of the Act, the same was referred to the Collector for his determination in terms of the Rule 3 of West Bengal Stamp (Prevention of under Valuation of Instruments) Rules, 1994.

5. By reason of an order dated 7.3.97 the Collector fixed the valuation at Rs. 18 lacs. The petitioner moved a writ application in this court and by an order dated 24th April, 1997 this court quashed the said order, inter alia, on the ground that no reason was assigned in support thereof.

6. Pursuant to or in furtherance of the direction contained in the order dated 24.4.97 the respondent No.2 passed the impugned order. The learned Collector while passing the said order relied upon deed No. 1165 dated 13.5.96, deed No.79 dated 13.6.90, deed No. 2136 of 1994 and deed No. 4017 of 1996.

7. Out of the aforementioned deeds, the deed at Serial No.1 and 2 were situated at Alipore and deed No.3 was situated at Ballygunge Garden and the deed No.4 was in respect of a flat within Ward No. 92 measuring 1400 sqft.

8. The learned Collector noticed that the land is situated on the 16 ft. wide road emanating from Gariahat Road (South). He considered a report of ADSR, Alipore. It is not borne out from the records as to whether a copy of the said report was supplied to the petitioner. He held that the lands have certain additional facilities, viz.:- (1) It is near Dakshinapan Market Complex, (2) It is near Madhusudan Mancha, (3) Dhakuria Railway Station is not far from the land in question. It was held:-

"The market value also depended upon the passage of time, escalation of the demand shortfall in supply and rush of the people for the land of any locality and stage of development of any particular area. Market value is determined as per local information available which is a constantly changing factor. Sometimes rise in price of land is dis-appropriate due to the shortfall in supply depending upon the sharp rise in demand as land in the locality is very limited in supply and demand is very high.

These are all determining factors for assessment of the market value."

On the basis of the aforementioned findings he valued the land at Rs. 18 lacs.

9. Although the said observations are relevant for determination of valuation in an appropriate case, it does not appear that any material has been placed before the said authority for the aforementioned purpose. Furthermore, the Collector has to arrive at the market value of the property keeping in view the factor enumerated in the said order.

10. The State of West Bengal in exercise of its power conferred upon it under s. 46A and s. 57 of the said Act made a rule known as the West Bengal Stamp (Prevention of under Valuation of Instruments) Rules, 1994 (hereinafter referred to as the said Rules). The said Rules came into force with effect from 31st January, 1994. Rule 3(1) reads thus:-

"The mark