The Court rejected the petitioners' claim for purchase of allotted quarters at 2006 valuation rates. It held that stamp duty and execution costs must be paid based on market value or circle rate prevailing on the date of deed execution. The petition was dismissed.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 2649 of 2014 (M/S)
Prafulla Kumar Biswas and others
…..Petitioners Versus
State of Uttarakhand and another
......….Respondents
Present:
Mr. S.K. Mandal, Advocate for the petitioners. Mr. S.S. Chauhan, Deputy Advocate General for the State/respondents.
Hon’ble Alok Singh, J (Oral).
Quarters constructed to rehabilitate displaced persons from Pakistan or Burma were allotted to the petitioners and other displaced persons. Later on, as a policy matter, it was decided that quarters in question shall be sold in favour of occupiers thereof on payment of market value of the quarters. Few quarters were sold in favour of few occupants, however, petitioners were left behind. Feeling aggrieved, petitioners approached High Court for redressal of their grievances, wherein direction was issued to take decision on the request of the petitioners too to execute title deed in their favour of the quarters in their possession. Vide order dated 15.9.2014, State of Uttarakhand has decided to execute sale deeds in favour of the occupiers i.e. the petitioners on the market value or on the value as per the prevailing circle rate, whichever is higher. Feeling aggrieved, the petitioners have preferred present writ petition challenging the order dated 15.9.2014.
Mr. S.K. Mandal, learned counsel for the petitioner has vehemently argued that since few occupiers were conferred ownership right on the valuation prevailing in the year 2006, therefore, from the
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petitioners, too, rates prevailing in the year 2006 should be taken and petitioners should not be pressurized to make payment as per the present market value or circle rate, whichever is higher.
Undisputedly, stamp duty has to be paid after assessing the market value of the property either as per the consideration agreed upon or as per the circle rate prevailing in the area, whichever is higher, on the date of execution/registration of the title deed. Since, title deeds have to be executed now, therefore, petitioners have to pay the cost of the quarters as well as stamp duty as prevailing on the day.
Consequently, no interference is called for. Thus, petition fails and is hereby dismissed.
(Alok Singh, J.) 2.12.2014
Avneet/
1 issue framed by the court
Whether the petitioners are entitled to buy the allotted quarters at the valuation rates of 2006 instead of the market value/circle rate prevailing on the date of execution.
Prafulla Kumar Biswas and others
State of Uttarakhand
Alok Singh J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
