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2012 Supreme(MP) 219

SUJOY PAUL
Ramjilal Kulshrestha – Appellant
Versus
State of M. P. – Respondent


Advocates:
V.K. Bharadwaj with Anand V. Bharadwaj for petitioner;
Smt. Nidhi Patankar, Government Advocate for respondents/State.

ORDER

1. In this petition filed under Article 226 of the Constitution, the petitioner has challenged the order dated 31.3.2011, Annexure P-3, whereby the Collector and Chairman, District Valuation Committee has fixed the guidelines for the purpose of determination of the market value of the land.

2. The petitioner, who owns land in village Badagaon, Morar, Gwalior, is interested to sell the land by developing it. As per the contention of Shri Bharadwaj, learned senior counsel, the market value is to be fixed as per the procedure prescribed in Madhya Pradesh Preparation and Revision of Market Value Guideline Rules, 2000 (hereinafter referred to as the “2000 Rules”). These rules are made in exercise of powers conferred by section 75 read with section 47A of Indian Stamp Act, 1899 (hereinafter referred to as the “Stamp Act”). Shri Bharadwaj has attacked the validity of Annexure P-3 on following grounds :

(i) As per rule 5 of 2000 Rules, the Collector is obliged to take into account various factors for determining the market value whereas before issuing Annexure P-3 those mandatory ingredients were not taken into account.

(ii) As per rule 10 of 2000 Rules, the petitioner was not heard and




















































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