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Judgment
Mohan Shantanagoudar, J.—The orders at Annexures ''A'' and ''L'' dated 15.2.2010 and 20.12.2007 passed by the 2nd and 3rd Respondents respectively are called in question in this writ petition.
The Petitioner purchased the scheduled properties bearing Sy. Nos. 22/1 arid 22/2 situated near the road, which runs from Belawadi to Hinkal village of Mysore Taluk on 25.6.2007. The Sale Deed was registered on the very day for Rs. 18 lakhs. The properties in question are divided into 12 sites, totally measuring 144931.78 square feet. The properties in question are converted for industrial purposes. The Sub-Registrar referred the Sale Deed to the 3rd Respondent for determination of the market value u/s 45A of Karnataka Stamp Act, 1957 since the Sub-Registrar felt that the valuation as found in the Sale Deed is on the lesser side. The 3rd Respondent after hearing, passed the order as per ''Annexure-L'' dated 20.12.2007 declaring that the value of the property in question is Rs. 750/- per square feet. Consequently, directed the Petitioner to pay the stamp duty of Rs. 1,02,07,045.00. The said order was called in question by the Petitioner by filing appeal before the 2nd Respondent. The said appeal came to be dismissed confirming the order passed by the 3rd Respondent. The order passed by the 2nd Respondent is produced at '' Annexure-A'' to the writ petition.
Learned Counsel for the Petitioner submits that, the property in question is situated in a far of place and it does not have necessary infrastructure to start industries; that the property does not have access to the main road; that the property does not have water and electricity facility and therefore, the property should not have been valued for more than Rs. 200/- per square feet. It is brought to the notice of the Court that, the Petitioner has paid the stamp duty based on the valuation at Rs. 200/- per square feet pursuant to the interim order granted by this Court in the earlier writ petition.
The writ petition is opposed by the learned Government Advocate interalia contending that, the property in question is situated near a ring road as well as a national high way and the property is surrounded by the industries, schools etc. He draws the attention of the Court to the mahazar drawn during the course of spot inspection.
During the course of enquiry, the 3rd Respondent held the spot inspection in the presence of the Petitioner. Tine spot inspection report is found at page 27 of the records of the State Government. The spot inspection report reveals that, the property in question is situated at Hinkal village and the same is adjoining Mysore Hurisur main road. Entire area of 3 acres 11 guntas is converted for industrial purposes and the same is divided into 12 sites. To the East of the property there is a Petrol Bunk, Yeshaswini Kalyana Mantapa to the North Kadur Residency Resort is situated; to the West some shops are situated after certain distance; to the South school is existing.
From the aforementioned facts it is clear that, the property is surrounded by School, Resort. Kalyana Mantapa Petrol Bunk. Thus, it has got all the infrastructure to establish industries.
The State Government has fixed guidance value at Rs. 500/- per square feet for industrially converted lands in the area in question. However, the authorities have concluded that, the value of the property would be about Rs. 750/- per square feet. The sale statistics are not on record. Thus, this Court cannot exactly conclude as to what was the valuation hi the year 2007. The authorities below should have collected atleast certain sale statistics of the relevant period. In the absence of sale statistics, in my considered opinion, interest of justice will be met if the guidance market value fixed by the State Government is taken as the basis for charging the stamp duty. By the said process, no prejudice will be cause to either of the parties.
Contention of the Petitioner that the property was worth Rs. 200/- per square fee; cannot be accepted in view of the fact, that, the property is surrounded by School, Resort, Petrol Bunk etc. In view of the same, this Court is of the considered opinion that, the guidance market value as fixed by the State Government may be taken as the value of the property in question as on the year 2007.
Accordingly, the following order is passed;
The impugned orders are modified. The Petitioner shall pay the stamp duty based on the market value at the rate of Rs. 500/- per square feet (guidance market value).
The sale deed may be released in favour of the Petitioner after collecting the stamp duty as directed above.
Petitions are, disposed of accordingly.
It is made clear that, the amount already deposited by the Petitioner shall also be taken into consideration.