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2016 Supreme(Chh) 85

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Prashant Kumar Mishra, J.
Manilal Patel S/o Karsan Bhai – Petitioner
Vs.
State of Chhattisgarh through the Secretary, Department of Revenue – Respondent
WPC No. 1929 of 2015
Decided On : 18-04-2016

Advocates Appeared:
For the Petitioners:Dr. N.K. Shukla, Senior Advocate with Shri Parag Kotecha, Advocate.
For the Respondent:Shri Shashank Thakur, Govt. Advocate.

Headnote:

MP/CG Preparation and Revision of Market Value Guidelines Rules, 2000 - Rule 5 - Indian Stamp Act Rules, 1975 – Constitution of India, 1950 - Article 226 - Legality and validity of Market Value - Willing to purchase property - Transfer of immovable property - Petitioner is a colonizer and has started construction of a commercial complex after obtaining required permission from different statutory bodies - Prospective buyers are willing to purchase property constructed by him however in view of guidelines determining market value which is many more times than actual market value property is beyond reach and capacity of prospective buyer therefore it prejudiced the rights of the petitioner as well as of the buyers - Challenge is specifically thrown by citing examples that for Ward market value of property falling between Police Station to Divisional Railway Office up to Railway Crossing is fixed - When property is not on main road but off main road however for property comprising in Om Complex Chambers and Chambers market value of property off road has been determined - It is thus contended that fixation of market value is arbitrary and has been arrived at without proper application of mind – Held, This Court in Mal case has further held that question is required to be determined in each case having regard to nature of and extent of authority vested in State - After holding that power of judicial review is not intended to assume a supervisory role or don robes of omnipresent this Court has in terms ruled that power of judicial review is not intended either to review governance under rule of law nor do Courts step into areas exclusively reserved by Constitution to other organs of State and has further cautioned that Court shall not ordinarily interfere with a policy decision of State - Court in Johor Mal case also held that decisions and actions which do not have adjudicative disposition would not strictly fall for consideration before a judicial review court - According to this Court limited scope of judicial review - Courts while exercising power of judicial review do not sit in an appeal over decisions of administrative bodies - A petition for judicial review would lie only on certain well-defined grounds - An order passed by an administrative authority exercising discretion vested in it cannot be interfered in judicial review unless it is shown that exercise of discretion itself was perverse or illegal - A mere wrong decision without anything more is not enough to attract the power of judicial review - For foregoing and considering limited scope of interference available to this Court under Article 226 of Constitution of India in matters where decision has been taken by an expert statutory body this Court does not find any good ground to interfere in matter - Writ petition is dismissed

ORDER :

1. Challenge in this petition under Article 226 of the Constitution of India is to the legality and validity of the Market Value Guidelines (Annexure-P/3) published by the Central Valuation Board/District Valuation Committee, Raipur, prescribing the market value of the property on which the stamp duty will be charged for transfer of the immovable property during the financial year 2015-16.

2. Petitioner is a colonizer and has started construction of a commercial complex after obtaining required permission from different statutory bodies. Prospective buyers are willing to purchase the property constructed by him, however, in view of the guidelines determining the market value, which is many more times than the actual market value, the property is beyond the reach and capacity of the prospective buyer, therefore, it prejudiced the rights of the petitioner as well as of the buyers.

3. Challenge is specifically thrown by citing examples that for Ward No. 23 Rani Laxmi Bai Ward the market value of the property falling between Khamtarai Police Station to Divisional Railway Office, up to Waltair Railway Crossing, is fixed at Rs. 15,000/- per sq. mtr. when the property is not on the main road, but off the main road, however, for the property comprising in Om Complex, Mansha Chambers and Karsan Bhai Chambers the market value of the property off the road (inside the main road) has been determined at Rs. 36,000/- per sq. mtr. It is, thus, contended that the fixation of market value is arbitrary and has been arrived at without proper application of mind.

4. It is also argued that the petitioner's complex namely; Karsan Bhai Chambers is one single project for which a different market value cannot be fixed because the guiding factor or the unit for fixation of market value is the ward/locality or the vicinity and not on the basis that it is a complex or otherwise. The petitioner has prayed for fixation of the market value as has been fixed for Entry No. 2 of ward No. 23, which is adjoining to Karsan Bhai Chambers. It has also been prayed, in the alternative, that the land/property of the petitioner be excluded and may not be clubbed with Om Complex/Mansha Chambers, which is in front of the entry point of Entry No. 7 of ward No. 23 because it is far away from Om Complex and Manna Chambers.

5. Per contra, learned counsel appearing for the State has argued that fixation of market value guidelines is an expert job conducted by an expert committee, therefore, it should be left to the committee and the petitioner cannot invoke writ jurisdiction for such matter. Learned State counsel would refer to the provisions contained under the MP/CG Preparation and Revision of Market Value Guidelines Rules, 2000 ('the Rules, 2000' in short) and the MP/CG Prevention of Under-valuation of Instruments) Rules, 1975 ('the Rules, 1975' in short).

6. Admittedly, the market value guidelines have statutory force because the same has been fixed by the committee in exercise of powers conferred to it under the Rules, 2000. Rule 3 of the Rules, 2000 provides for constitution of Central Valuation Board and its functions. Similarly, Rule 4 provides for constitution of District Valuation Committee and Sub District Valuation Committee & their functions. The Central Valuation Board consists of Inspector General of Registration, Engineer-in-Chief, Public Works Department or his representative not below the rank of Chief Engineer, Director of Town and Country Planning or his representative not below the rank of Joint Director, Commissioner of Land Records or his representative not below the rank of Deputy Commissioner, Director (Agriculture) or his representative not below the rank of Joint Director, Chief Conservator of Forest or his representative not below the rank of Conservator of Forests, any other members nominated by the State Government and the Deputy Inspector General of Registration and Stamps.

7. The Board is enjoined to receive information/data of property transac





















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