Rajasthan High Court - Jaipur
M/S Suncity Projects Pvt Ltd vs State (Finance Department)Ors on 17 January, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Writ Petition No. 2675 / 2016
M/s Suncity Projects Private Limited, Having Its Registered Office
At N-49, First Floor, Connaught Place, New Delhi and Having Its
Regional Office At "Jewels of India", JLN Marg Opp Jaipur Sock
Exchange, JLN Marg Jaipur Through Its Authorized Signatory
Pushpendra Kumar Bharadwaj Son of Shri Yogesh Chand Sharma
----Petitioner
Versus
1. State of Rajasthan Through the Secretary Finance,, Secretariat,
Jaipur
2. The District Collector Cum Chairman, District Level Committee
(DLC), Jaipur
3. I.G. Stamps and Registration Department, Rajasthan, Ajmer
4. D.I.G. Stamps and Registration Department Jaipur-I Cum
Secretary District Level Committee (DLC),, Jaipur
5. Tehsildar/Sub-Registrar,, Amer
6. Sub-Registrar, Rampura Dabri, Jaipur.
----Respondents
_____________________________________________________
For Petitioner(s) : Shri Ashok Gaur, Sr. Advocate with
Shri Ajay Shukla
For Respondent(s) : Shri Rajendra Prasad, AAG
_____________________________________________________
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Order
17/01/2017
This petition has been filed by the petitioner aggrieved by
the proceedings/order dated 5.10.2015 signed by the District
Collector cum President, District Level Committee, Jaipur in
accordance with the provisions of Rajasthan Stamp Act read with
Rajasthan Stamp Rules, 2004. The objection of the petitioner is
that the DLC rates of Gram Nindar, which included the land of
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[CW-2675/2016]
petitioner-M/s. Suncity Projects Pvt. Ltd. Development Township
measuring approximately 400 acres (approximately 640 bighas)
has been arbitrarily fixed at the rate of Rs.52,190 per sq. yards,
which is actually not even the commercial rate of that area and
too excessive being on higher side. The rates have been fixed
ignoring the fact that the land is predominantly used for
residential purpose and is situated at least 15 kms. from the
Jaipur City and so many other lands, which are nearing to the
Jaipur City, are having lesser DLC rates. Petitioner submitted a
comparative chart of such DLC rates along with his representation
to the DIG Stamps-II. The DIG Stamps forwarded the same to
Sub-Registrar, Rampura Dabri for his comments. The Sub-
Registrar submitted detailed report to the District Collector, Jaipur,
who happens to give final report of the District Level Committee to
the effect that after 1.10.2014, the DLC rates for commercial land
at main road is Rs.52,190/- per sq. yards, whereas the DLC rates
in other residential schemes, which are much closer to the Jaipur
are much less and therefore the rates fixed for the disputed land
should be reduced to a lower rate, but the District Level
Committee did not take any action on such recommendation and
retained the old rates by order dated 1.10.2014. Petitioner again
submitted a detailed representation on 13.10.2014 to Collector
with reference to the report of Tehsildar and reiterated its
grievance that the DLC rates be reduced to at least Rs.20,000 per
sq. yards. The Collector acting upon the said representation,
assigned the matter to ADM Stamps, who again got fresh inquiry
conducted from Sub-Registrar concerned. The DIG, Registration
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[CW-2675/2016]
and Stamps vide his letter dated 5.5.2015 submitted its amended
proposal for the amended DLC rates to Secretary, DLC. The
amended proposal would indicate that DLC rates at point no.7 was
proposed to be reduced from Rs.52,180 per sq. yards to
Rs.20,000 per sq. yards. Pursuant to the said proposal, the I.G.
Stamps on 3.6.2015 sent a letter to Collector raising various
issues including the issue relating to the petitioner and requested
in last para to the Collector to convene meeting of District Level
Committee and reduce the DLC rates of residential and
commercial land situated at Gram Nindar, Sikar Road, Jaipur. The
meeting of the District Level Committee was conducted on
28.7.2015 and despite having above factual aspects and
recommendations in view, the Committee again approved the
amended rates of main road commercial road from Rs.52,180 per
sq. yards to Rs.40,000 per sq. yards, which were to come into
force from 1.8.2015.
Shri Ashok Gaur, learned senior counsel for the petitioner
submitted that the order passed by the District Level Committee and IG Stamps is diversed from the ground realities that actually the price which is prevalent in the area is far less than the fixed DLC rates. Learned senior counsel has relied on Rule 58 of the Rajasthan Stamps Rules, 2004 and in particular referred to sub- Rule (2) thereof according to which the District Level Committee shall hold the meeting every year before the end of the year to revise the rates of agriculture, residential and commercial categories of land. The District Level Committee shall consider all factors affecting the market value of such land. Despite the fact (4 of 5) [CW-2675/2016] that more than one and half years have passed since the date of last meeting of District Level Committee convened, its meeting has not been convened again to re-consider the prayer of the petitioner.
Shri Rajendra Prasad, learned Additional Advocate General submitted that the DLC rate, which was earlier reduced taking into consideration the fact that less number of revenue was being generated because people were dissuaded from getting the conveyance deed of sale transaction and other deeds registered, the DLC rates would reduce, but it failed to achieve its desired results. Therefore, the DLC rates was brought to the old level. The District Level Committee whenever holds its meeting again, shall take into consideration all factors including the prevalent market rate; the development in the area in question; proximity of the place from Jaipur and such other factors, which are considered relevant including about the inputs received from the Sub- Registrar, Stamps and Registration Department.
Having heard learned counsel for the parties and perused the material on record, this Court finds that there is provision for District Level Committee to re-visit every year its previous decision to revise the rates fixed by it with regard to agriculture, residential and commercial category of land on consideration of of variety of factors, some of which are referred to above. This Court therefore does not deem it appropriate to issue any writ of mandamus except directing that it shall positively convene the meeting at any date within four months from today and in that meeting, petitioner would be entitled to submit whatever material (5 of 5) [CW-2675/2016] it wants to rely in support of its case before the said Committee. The District Level Committee shall consider the same while taking a final view of the matter before finalising the continuation or reduction or otherwise of the DLC rates of the case in question.
The writ petition is disposed off with the above directions.
(MOHAMMAD RAFIQ)J. RS/67