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Showing contexts for: set forth value in M/S.Navasakthi Townships Developers ... vs The Deputy Collector (Revenue) South on 25 November, 2014Matching Fragments
13. The respondent further submits that the petitioner has mentioned about the various clearances from different Departments like Public Works Department, Agriculture Department, Electricity Department, etc., but he has not impleaded them as respondents. The necessary parties have not been impleaded in this writ petition. In the I.D. Note dated 12.09.2014 of the Under Secretary to Government, Confidential and Cabinet Department, Chief Vigilance Office received through the Special Officer, Department of Revenue & Disaster Management, the District Collector was asked to state whether any action has been initiated to retrieve the Government land as per the provisions of any agreement and hence, a report has been again submitted to the Government and it is under consideration. The respondent further submits that the Government has not exercised its right to resume the lands. The petitioner may very well use his loan for the lands bought from M/s.Pondicherry Papers Limited except those lands which were acquired by the Government from the Private Parties for setting up of M/s.Pondicherry Papers Limited and any development in such acquired lands is contrary to the purpose for which it was acquired and it requires prior sanction of the Government under Section 44(A) of the Land Acquisition Act, 1894 and Section 100 and 114 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner or the M/s.Pondicherry Papers Limited has at the most might have approached for legal remedy for the letter dated 03.02.2009, but he cannot have any right to sell the lands contrary to the conditions of agreement and law. Therefore to avoid further transaction and to avoid multiplicity of litigation, the GLR (Guide Line Register) value is frozen. The respondent further submits that the petitioner has no legal right to sell the acquired lands without permission of the Government and his purchase itself was against the law and therefore, further transaction is also against the law. The petitioner himself has stated that some of the purchasers have bought lands in their Housing layout. In order to prevent the innocent purchasers from purchasing further the Government acquired lands, contrary to the conditions of the agreement, the GLR (Guide Line Register) values has been frozen. As on date, there are many vacant plots/ lands in the petitioner's housing layout. The respondent requests the Court to restrain the petitioner from selling any further plots from the acquired lands and further that in lieu of already sold plots, the petitioner be directed to compensate to the purchasers and restore the lands / plots vacant back to Government as in the agreement. The respondent further submits that Puducherry Planning Authority and Town and Country Planning Department should also be impleaded. The GLR (Guide Line Register) values have been frozen, only in respect of the acquired lands under provisions of the Land Acquisition Act, but not for the entire lands of erstwhile M/s.Pondicherry Papers Limited. The respondent further submits that consequent on the amendment of Indian Stamp Act, 1899 as extended to this Union Territory of Puducherry as per Section 47(A), the Stamp duty is leviable under market value of the property instead of on the value of the consideration noted in the document and for the said purpose GLRs (Guide Line Registers) are prepared now for every financial year. The guideline register containing the market value of lands in each village survey number wise is supplied to Registrar's Office for verifying whether the market value set-forth in the document presented for the Registration represents the true market value of the property. The Guide Line Register is also employed by the Collector under the Indian Stamp Act, 1899 for assessment of value of properties covered by documents referred by registering offices under Section 47(A) of the Indian Stamp Act, 1899. As per Section 47A of the above Act, if the registering authority has reason to believe that the market value of the property conveyed has not been truly set forth in the instrument, he may after registering such instrument, refer the same to the Collector for the determination of the market value and proper duty paid thereon. Under this provision, a reference will be made to the concerned Deputy Collectors (Revenue), who have been appointed to perform all the functions of Collector under the Indian Stamp Act vide notification published in the Gazette No.33, dated 18.08.1970. In order that the Sub Registrars may resort to a reference to the collector only in deserving cases, it was decided to prepare and furnish to the Sub Registrars certain guidelines with reference to which they would be in a position to find out whether the valuation made in a particular document is correct. And thus the Guide Line Registers (GLRs) are prepared every year by the respective Deputy Collectors who are vested with powers of the Collector under Indian Stamp Act, 1899. As per Section 21 of the General Clauses Act, the power to create includes the power to cancel and therefore, the impugned order is valid in law.