Excelsior Correspondent
JAMMU, Feb 13: In a significant order, High Court has issued directions to the Deputy Commissioner Jammu to consider the representation of the petitioners seeking rescinding/ modification of Notification No.DCJ/SQ/Stamp-Duty/2018-19/7001-45 dated December, 31, 2018 (fixing of circle rates for immovable property) qua Tehsil Bahu with regard to Revenue villages Sunjwan, Narwal Bala and Chowadhi.
The Deputy Commissioner has also been asked to take a decision thereon strictly as per the Rules and Regulations governing the matter and pass consideration order within a period of four weeks from the date a certified copy of this order is made available to him.
These directions were passed in a writ petition filed by Shafiqa Begum, resident of Sunjwan, Noor Mohd, resident of Chowadhi and Shahid Malik, resident of Narwal Bala seeking quashment of Notification No.DCJ/SQ/ Stamp-Duty/2018-19/7001-45 dated December, 31, 2018 whereby rates of immovable property of Jammu district for the calendar year 2019 were notified and with regard to Revenue villages Sunjwan, Narwal Bala and Chowadhi the circle rates were increased by 70%.
When this petition came up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Sheikh Najeeb Ashraf and Supriya Chouhan appearing for the petitioners submitted that during the last financial year the circle rates of immovable property for Sunjwan, Narwal Bala and Chowadhi were Rs 35.40 lakh, Rs.67.92 lakh and Rs 35.40 lakh per kanal and the circle rates for Gandhi Nagar (South), Gandhi Nagar (Main), Channi Himmat and Trikuta Nagar were Rs 86.79 lakh, Rs 80.08 lakh, Rs 71.28 lakh and Rs 77.77 lakh per kanal respectively.
“The Deputy Commissioner Jammu has issued the notification whereby circle rates in respect of Revenue villages Sunjwan, Narwal Bala and Chowadhi have been alarmingly increased to Rs 60.00 lakh, Rs 100.00 lakh and Rs 60 lakh per kanal respectively whereas for Gandhi Nagar (South), Gandhi Nagar (Main), Channi Himmat and Trikuta Nagar the rates have been increased to Rs.91.12 lakh, Rs.84.08 lakh, Rs.74.84 lakh and Rs 81.65 lakh per kanal respectively without adopting any rational criteria”, he further submitted.
Advocate Ahmed further submitted that before issuing the impugned notification the Deputy Commissioner even did not seek the field reports from SDM South as well as Tehsildar Bahu which clearly shows the arbitrary exercise of power in revising the circle rates qua the three villages.
After considering the submissions of Advocate Ahmed and Senior AAG S S Nanda appearing for the Revenue Department, Justice Sanjay Kumar Gupta, while disposing of the writ petition, issued directions to the Deputy Commissioner Jammu to consider the representation of the petitioners seeking rescinding/ modification of Notification No.DCJ/SQ/ Stamp-Duty/2018-19/7001-45 dated December, 31, 2018 (fixing of circle rates for immovable property) qua Tehsil Bahu with regard to Revenue villages Sunjwan, Narwal Bala and Chowadhi.
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