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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Chinmaya Nanda Das – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
A.C. BEHERA, J.
Since, the proceedings in the meeting of the District Level Valuation Committee (DLVC), Ganjam at Berhampur dated 27.01.2022 (Annexure-3) and the Sub-Divisional Valuation Committee (SDVC), dated 16.01.2024 (Annexure-4) concerning the fixation of Bench Mark Valuation for the year 2024-2026 are under challenge in all these seventy five writ petitions, then all the above writ petitions are taken up together analogously for their final disposal through this common Judgment.
2. The Petitioners have filed these writ petitions praying for quashing the Annexure-3 (District Level Valuation Committee) and Annexure-4 (Sub-Divisional Valuation Committee) on the ground that, the same are not in accordance with law.
3. I have already heard from the learned counsel for the Petitioners and the learned Standing Counsel for the Opposite Parties.
4. During the course of hearing, the learned counsel for the Petitioners submitted that, when the District Level Valuation Committee (DLVC), Ganjam as per its resolution dated 27.01.2022 vide Annexure-3 has enhanced the Bench Mark Valuation of the immovable properties in different areas of Ganjam District under different Sub-Divisions a
The District Level Valuation Committee lacks authority to enhance property valuation percentages; enhancements can only be made by the Collector as per statutory provisions.
The District Level Valuation Committee lacks authority to enhance property valuation by percentage; only the Collector may do so under specific conditions, ensuring lawful compliance with statutory p....
The District Level Valuation Committee lacks authority to enhance property valuations by percentage; it may only fix benchmark values according to statutory provisions, thus quashing improper enhance....
Statutory authorities must adhere strictly to prescribed procedures; failure results in invalidity of their actions.
The District Level Valuation Committee lacks authority to enhance property valuation percentages as only the Collector can do so under the Odisha Stamp Rules, mandating compliance with statutory proc....
The court established that statutory authorities must adhere to prescribed procedures when revising market values, and failure to do so violates principles of natural justice and the rule of law.
Market value determination must adhere to established guidelines and procedures, and unilateral fixation by authorities is invalid.
Guideline values for properties are not definitive market values but serve as prima facie rates, requiring reassessment by the designated sub-committee under the Indian Stamp Act and relevant rules.
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