The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 3566 OF 2024 Lohit Kumar Mangaraj Petitioner Mr. Suryakanta Dasmohapatra, Advocate …. State of Odisha and others …. Opp. Parties -versus- Mr. Swayambhu Mishra, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA Order No. 1. 1.
Decision
ORDER 21.02.2024 This matter is taken up through hybrid mode. 2. This writ petition has been filed seeking for a direction to the Sub-Registrar, Konisi-Opposite Party No.8 to register the sale deed intended to be presented by the Petitioner in respect of Plot Nos.1329, 668, 1368 and 1374 under Khata No.537/1316, Plot No.1372 under Khata No.122 and Plot No.1432 under Khata No. 80 situated in mouza Rangipur under Konisi Tahasil in the district of Ganjam (for short ‘the case land’) in terms of Bench Mark Valuation fixed as per the decision of the District Level Valuation Committee held on 27th January, 2022. 3. Mr. Dasmohapatra, learned counsel for the Petitioner submits that in the year 2021-22 Bench Mark valuation of the case land of the Petitioner was Rs.2,10,600/- (Annexure-2). Pursuant to the decision taken by the District Level Valuation Committee, it should have been enhanced by 592% as would appear from the minutes of the said meeting. Village Rangipur comes under Kanisi Tahasil and decision taken for enhancement Page 1 of 5 // 2 // of Bench Mark Valuation in respect of Konisi Tahasil is as under: “Konisi Tahasil: The following proposal for maximum hike of the existing bench mark valuation in respect of different villages under Kanisi Tahasil were accepted by the committee since the cultivated lands of the said villages now used for residential purposes and growth of plotting areas. However the BMV of all other villages of the Tahasil proposed for hike of 10-40%. Name of the village Maximum Dubapalli Gobindapur Rangipur Venketraipur Khajuria Kanisi Percentage of hike 900% 800% 592% 1088% 620% 230%” (emphasis supplied) It is his submission that Village Rangipur finds place in the aforesaid table and the Bench Mark Valuation of village Rangipur has been increased by only 592%. However, the Sub- Registrar, Konisi is insisting upon payment of stamp duty and registration fee treating the Bench Mark Valuation of the case land of the Petitioner to be Rs.12,46,752/, which reveals from the information supplied by the Sub-Registrar, Konisi. If such Bench Mark Valuation is accepted, then the enhancement would be 6649%. VALUATION STATEMENT “BASIC REGISTER BENCH MARK Year :- 2022-24 Name of Tahasil:- Kanisi Page 2 of 5 // 3 // Name of the Registration Officer: Konisi Name of the Village: Rangipur” CATEGORY PLOT NUMBERS VALUE PER ACRE REMARKS Wet 1329, 668, 1368, 1374 1372, and 1432 Rs.1,54,00,000/- Sd/- (Sub-Registrar, Konisi)” 3.1 It is his submission that when the District Level Valuation Committee, Ganjam has taken a decision to enhance the Bench Mark Valuation by 592%, it could not have been enhanced more than that. But, the Sub-Registrar, Konisi is refusing to register the sale deed, unless stamp duty and registration fee as per the enhanced Bench Mark Valuation, as stated above, is paid. It is further submitted that this Court in a similar case in Laxmi Silpa Kotini -v- State of Odisha and others in W.P.(C) No. 18568 of 2022, disposed of on 17th November, 2022, has directed as under: “5. In view of the above, this Court has no hesitation to direct the Sub-Registrar, Berhampur-II- Opposite Party No.4 to register the sale deed in respect of the land situated in mouza Bhabinpur in terms of the decision taken in the meeting of District Level Valuation Committee, Ganjam, Ghhatrapur on 27th January, 2022 and the notification made pursuant thereto, whereby the bench mark valuation of land at village Bhabinpur has been fixed to Rs.23,41,057/- per acre, which has been made effective since 1st April, 2022.” 3.2 It is his submission that Bench Mark Valuation can be enhanced biennially. Since it has already been enhanced as per the notification published on 31st March, 2022 pursuant to the Page 3 of 5 // 4 // decision of District Level Valuation Committee held on 27th January, 2022, further enhancement within two years is not permissible. 3.3 It is further submitted by learned counsel that pursuant to the decision of District Level Valuation Committee, the Bench Mark Valuation of the case land may be enhanced and fixed as under: “VALUATION REPORT Sl. REVENUE PLOT NO. VALUATION OF MINIMUM MAXIMUM No. 1. 1329, 668, 1368, 1374 1372, and 1432 DURATION 2021-22 (PER ACRE) HIKE 592% HIKE 592% 2,10,600/- 12,46,752/- 12,46,752/- He, therefore, prays for disposal of the writ petition in the light of the direction made in W.P.(C) No. 18568 of 2022 and W.P.(C) No.4530 of 2023. 4. Mr. Mishra, learned Additional Standing Counsel had taken an adjournment to take instruction on the applicability of the direction made in W.P.(C) No. 18568 of 2022 to this case. It is his submission that the Opposite Party No.8 expressed his inability to register the sale deed at any Bench Mark Valuation lower than that is fixed as per the decision of the District Level Valuation Committee. 5. Taking into consideration the rival contentions made by learned counsel for the parties, this Court holds that enhancement of Bench Mark Valuation can be made biennially. Since a decision for enhancement has already been taken on 27th Page 4 of 5 // 5 // January, 2022, no further enhancement is permissible within two years from that date. 6. In view of the above, this Court disposes of this writ petition with a direction that the Sub-Registrar, Konisi-Opposite Party No.8 shall register the sale deed, if presented by the Petitioner in respect of the case land in terms of the decision taken by the District Level Valuation Committee, Ganjam, Chhatrapur on 27th January, 2022 and the notification made pursuant thereto. Urgent certified copy of this order be granted on proper application. bks (K.R. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Feb-2024 18:07:15 Page 5 of 5