Back
ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Manoranjan Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. hearing and arguments from both parties. (Para 2 , 3) |
| 2. procedural rules on valuation committees. (Para 4 , 5 , 6 , 7) |
| 3. improper enhancement of valuation. (Para 8 , 10) |
| 4. authority must follow statutory procedures. (Para 9 , 11 , 12) |
| 5. quashing of annexures and directive to follow law. (Para 13 , 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner praying for quashing the Annexure-3 (District Level Valuation Committee), Ganjam dated 27.01.2022 and Annexure-4 (Sub- Divisional Valuation Committee) dated 16.01.2024 on the ground that, the same are not in accordance with law.
2. I have already heard from the learned counsel for the Petitioner and the learned Standing Counsel for the Opposite Parties.
3. During the course of hearing, the learned counsel for the Petitioner 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 and Tahasils to the exorb
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....
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....
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 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 valuation percentages; enhancements can only be made by the Collector as per statutory provisions.
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.
Stamp authorities must follow strict procedural safeguards, including notices, personal inspection, and evidence, before enhancing property market value under Section 47A.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
