Stamp authorities must provide reasons, notices, and follow procedural rules under Section 47A for market value determination; non-compliance renders orders invalid.

JUDGMENT :

K. GOVINDARAJAN THILAKAVADI, J.

The appeal is directed against the order dated 04.10.2016 passed in Pa.Mu.No.49226/NI/2015 on the file of the 1^st respondent / The Chief Revenue Controlling Officer-cum- Inspector General of Registration.

2. The facts leading to the filing of this appeal are as follows:

2.1. The appellant purchased an extent of 5 acres and 87.5 cents of land through a registered sale deed bearing Document No. 6708 of 2015 dated 11.06.2015. In the sale document, the property value was declared as Rs.2,20,36,250/-, adopting a rate of Rs.37,50,000/- per acre, and the appellant paid stamp duty of Rs.15,42,550/- based on that value. Since the registering authority believed that the value mentioned in the document did not reflect the true market value, the document was referred under Section 47-A of the Indian Stamp Act to the District Revenue Officer (Stamps) for determination of the correct market value. After issuing notice to the petitioner and considering his objections, the District Revenue Officer (Stamps) conducted an enquiry and determined the market value at Rs.45,000/- per cent (Rs.45 lakhs per acre). Accordingly, the total value of the property was fixed at Rs.2,64,42,500/- by proceedings dated 30.09.2015.

2.2. Aggrieved by the said order, the appellant preferred an appeal before the Chief Revenue Controlling Officer / Inspector General of Registration under Section 47-A(5). After calling for reports, including a spot inspection report from the District Registrar, Kancheepuram, and conducting an enquiry, the 1^st respondent confirmed the order of the District Revenue Officer by proceedings dated 04.10.2016. Aggrieved over the same, the present Civil Miscellaneous Appeal has been preferred by the appellant.

3. The learned counsel for the appellant would submit as follows:

3.1. The authorities ignored the spot inspection report, public enquiry, and the V.A.O. appraisal report, which clearly indicated that the prevailing market value in the village ranged between Rs.20 lakhs and Rs.25 lakhs per acre. The property is situated about 1 km away from the village and 1.5 km from the main road, surrounded by agricultural lands with no other commercial or residential activity.

3.2. Despite the investigation confirming that the land is purely agricultural, the D.R.O. fixed the value at Rs.45 lakhs per acre without any supporting evidence or comparable sale instances, acting beyond the powers under Section 47A. The Inspector General of Registration also confirmed the order without proper consideration of the investigation reports, making the decision arbitrary and contrary to law.

4. On the other hand, the learned counsel appearing for the 3^rd respondent/ Sub Registrar, Thiruvallur, would submit that the guideline value fixed by the Government with effect from 01.04.2012 was Rs.75,00,000/- per acre, according to which the total property value would be Rs.4,40,67,500/-. He would further submit that the appellant accepted the value fixed by Authority and paid deficit stamp duty of Rs.3,08,425/- on 16.10.2015 and deficit Registration fee of Rs.44,010/- on 28.10.2015, in all totalling Rs.3,52,435/-. When the appellant paid the value fixed by the authorities and get the document, he cannot make further claim. The respondents have given reasonable opportunity to the appellant and also considering the nature of the property which is with mud road and situated within one kilometer from the village and rice mills and also within one kilometer from the village road, fixed the value. It is further submitted that the present land is c