The main legal point established in the judgment is that the basic valuation register cannot be the sole basis for determining the market value of the property for stamp duty purposes. Independent assessment based on prevailing market conditions and specific property features is necessary.

( 1 ) THIS bunch of 12 writ petitions is filed by the State Government assailing the order Annexure P/6 passed by the Board of Revenue dated 3-4-2002.

( 2 ) SALE deeds were presented by the purchasers for registration, the sale deeds are styled in the form of deed of assignment cum sale deed. Different sale deeds were executed each for a consideration of Rs. 4,16,667. 00, plot value was shown at Rs. 3,50,000. 00, structure value Rs. 66,667. 00. stamp duty paid was Rs. 32,620. 00. The sale deeds were registered by the Sub-Registrar (Registration), Jabalpur and transactions were recorded. Sub-Registrar opined that valuation of the land and building in the instrument is not proper and adequate and forwarded the same to the Collector of Stamps for determination of the market value of the property and the proper stamp duty payable thereon as per memo P/2 dated 29-6-1999. In the opinion of the Registering Officer each of the property ought to have been assessed at Rs. 38,77,000/- in accordance with the provision of Section 47-A of the Indian stamps Act. On receipt of the instrument the collector of Stamps called for the average index of the sale deeds, in response thereto sub-Registrar forwarded the data P/3. The collector of Stamps assessed the value on the basis of data in P/3, spot inspection was also conducted Collector of Stamps assessed the market value of the property at Rs. 32,36,657/- and that of building Rs. 1,27,500/-, total valuation arrived at was Rs. 33,64,157/- in each case and payment of stamp duty of Rs. 2, 33, 406/- and deficiency of Rs. 23,576/- was directed as per order (P/ 4) dated 26-2-2000. Respondents preferred an appeal before the Commissioner. Jabalpur, Commissioner dismissed the appeal as per order P/5 dated 15th Feb. 2001.

( 3 ) AGGRIEVED by the orders P/3 and P/5 purchaser respondent No. 1 preferred an appeal before the Board of Revenue, M. P. Gwalior, same has been decided and partly allowed as per order P/6 dated 3-4-2002.

( 4 ) LEARNED Board of Revenue on elaborate discussion of evidence on record has held that construction is in 1. 000 sq. ft. , same 60-70 years old and even roof is not of cement and concrete and house is in dilapidated condition and was badly damaged by earthquake in 1997. The doors, electricity wirings are completely damaged, the house is situated in sublane, in a residential area, there are no means conveyance available and the house is three Kms. away from the railway station and six kms. away from bus stand, the spot inspection report of Collector of Stamps has been taken into consideration in which the existing condition of the construction is mentioned in extensive details which supports the finding arrived at by the Board of Revenue. It has opined that costs of constrviction in the present form cannot be taken to be at Rs. 170/- per sq. ft. , the Board has assessed the value construction at Rs. 100/- per sq. ft. and has valued the cost of construction 1000 x 100 = rs. l,oo,ooo/-, 75% deduction has been made owing to the dilapidated condition of structure owing to damage by earthquake and the final valuation has been made of constructed structure at Rs. 25,000/- as in the opinion of the Board of Revenue the construction is of no utility and is not habitable. With respect to the value of land the Board of Revenue has found that valuation made by the Collector of Stamps at Rs. 170/- per sq. ft. has no realistic basis. The land was held on lease by the assigner. In the opinion of the Board of Revenue, Collector has not looked into the comparable sales of the adjoining areas and has erred in making the valuation on the basis of index maintained for the entire Civil Lines Area and Near Railway Station, Jabalpur area. The Board of revenue has referred the sale deed dated 15/06/1999 executed by M. P. Housing board for the land situated in front of Commissioner Offices, Civil Lines, Jabalpur which was situated near main road and just 1-2 kms. away from the railway stati