Gujarat High Court
Kanubhai Chunilal Patel vs State Of Gujarat & 3 on 31 July, 2017
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/554/2014 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 554 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE N.V.ANJARIA
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ? No
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of
the judgment ? No
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of No
India or any order made thereunder ?
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KANUBHAI CHUNILAL PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR DP KINARIWALA FOR MR JOY MATHEW, ADVOCATE for the
Petitioner(s) No. 1
MR MANAN MEHTA, AGP for the Respondent(s) No. 1 - 4
NOTICE SERVED for the Respondent(s) No. 1 - 4
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 31/07/2017
ORAL JUDGMENT
Heard learned advocate Mr.D.P. Kinariwala Page 1 of 5 HC-NIC Page 1 of 5 Created On Mon Aug 21 06:34:44 IST 2017 C/SCA/554/2014 JUDGMENT for the petitioner and learned Assistant Government Pleader Mr.Manan Mehta for the respondent authorities.
2. What the petitioner wants by filing the present petition under Article 226 of the Constitution is to direct the respondents to review the jantri rates of land of the petitioner bearing survey No.187 at Village Vadiya, Taluka Nandod, District Narmada. The petitioner is aggrieved because jantri rates of the said land is fixed at Rs.03,063/- per sq. mtrs., whereas according to the petitioner, it ought to have been much less and the direction is, therefore, asked for to fix jantri rates less than that.
3. The petitioner is the owner of the aforesaid land. It appears that since jantri rates were published by the Revenue Department under Resolution dated 18th April, 2011, which fixed the rate for the petitioner's land at Rs.03,063/- per sq. mtrs., petitioner felt aggrieved. The case put-forth in the petition is that the land bearing survey No.187 in question is situated amongst cluster of other lands bearing survey Nos.81, 82, 99, 100, 101, 106, 107, 108, etc.
4. It was submitted by learned advocate for the petitioner that those lands are located on the same road and the rates of jantri for those lands are fixed at Rs.438/- per sq. mtrs. He, therefore, submitted that the jantri rates fixed for the land of the petitioner mismatched the correct jantri rates which ought to have been Rs.438/- per sq. mtrs. Learned advocate for the petitioner relied on decision of the Page 2 of 5 HC-NIC Page 2 of 5 Created On Mon Aug 21 06:34:44 IST 2017 C/SCA/554/2014 JUDGMENT Supreme Court in M/s.Raj Homes Private Limited v State of M.P. [AIR 2009 SC (Supp) 809], as also in M/s.Michigan Rubber (India) Limited v State of Karnataka [AIR 2012 SC 2915]. Dealing with the said decisions at this stage itself, in M/s.Rah Homes Private Limited (supra), the question was of imposition of premium under the Rules regarding Alteration of Assessment and Imposition of Premium under the M.P. Land Revenue Code, wherein the Court held that Notification in question was not violative of Article 14, and further held that classification of various cities done for the purpose of levy of premium was valid and since different cities had different character, classifying them into different category was not arbitrary. In M/s.Michigen Rubber (India) Limited (supra), the issue was regarding pre- qualification criteria of a contractual tender. What was held by the Court was that judicial review power was exercisable.
5. The Revenue Department of the State Government has passed Resolution dated 31st March, 2011 wherein guidelines is delineated for fixing jantri rates for the lands, which would apply for the purpose of stamp valuation. While the guidelines set out various factors and considerations to be gone into for fixing jantri rates for a particular piece of land, in paragraph 3 of the Resolution, formation of District Level Committee is provided for. The Committee consists of District Collector, District Development Officer, Town Planner and Deputy Collector (Stamp Duty) who would go into the questions of jantri rates Page 3 of 5 HC-NIC Page 3 of 5 Created On Mon Aug 21 06:34:44 IST 2017 C/SCA/554/2014 JUDGMENT and the disputes relating to jantri rates.
6. It is an admitted position that grievance of the petitioner voiced upon in the petition was placed before the aforesaid District Level Committee. The decision of the District Level Committee in its meeting held on 18th January, 2013 is placed on record by the respondents along with affidavit-in-reply. It clearly transpired therefrom that the case of the petitioner and the grounds urged by him for fixing jantri rates for his land at Rs.438/- per sq. mtrs. were considered. The Committee also considered the aspect that other lands were subjected to less rates. The Committee noted that the lands located adjoining to the petitioner's land was assessed at the same rate of Rs.03,063/- per sq. mtrs., therefore found the grievance of the petitioner not acceptable.
6.1 Furthermore, in the affidavit-in-reply, it is given out on oath by the District Collector, Stamp Duty Valuation, District Narmada, that survey Nos.166, 173 and 174 are assessed for jantri value at Rs.03,063/- per sq. mtrs. to be at par with the land of the petitioner. These three survey numbers, it is uncontrovertedly stated, is exactly on the opposite side of the survey number of the petitioner. In this view, there was a clear relevant material in terms of the location of and the jantri rate fixed for the nearby lands on the basis of which petitioner's land was assessed.
7. The fixation of jantri rate is a technical aspect and an exercise in expertise. The District Page 4 of 5 HC-NIC Page 4 of 5 Created On Mon Aug 21 06:34:44 IST 2017 C/SCA/554/2014 JUDGMENT Level Committee which comprised of the officers who are conversant in the field, has assessed the jantri value after examining the grievance of the petitioner to be at Rs.03,063/- per sq. mtrs. The decision is an expert decision and in the realm of policy. Ordinarily, fixation of jantri being a policy decision and when found to be taken on germane considerations and relevant material, would not be interfered with by the Court.
The meritless petition is dismissed. Rule is discharged.
(N.V.ANJARIA, J.) Anup Page 5 of 5 HC-NIC Page 5 of 5 Created On Mon Aug 21 06:34:44 IST 2017