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news details
HC directs DC Jammu to take decision
Petition challenging enhanced circle rates
2/13/2019 10:54:39 PM
Early Times Report

Jammu, Feb 13: In a significant order Justice Sanjay Kumar Gupta of Jammu Kashmir High Court (Jammu Wing) 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 and 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 Deputy Commissioner Jammu.
These directions were passed today in a writ petition filed by Shafiqa Begum resident of Sunjwan, Noor Mohd. resident of Chowadhi and Shahid Malik resident of Narwal Bala, Tehsil Bahu District Jammu 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%.
Advocates 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 lakhs, Rs.67.92 lakhs and Rs.35.40 lakhs per kanal and the circle rates for Gandhi Nagar (South), Gandhi Nagar (Main), Channi Himmat and Trikuta Nagar were Rs.86.79 lakhs, Rs.80.08 lakhs, Rs.71.28 lakhs and Rs.77.77 lakhs per kanal respectively, but Deputy Commissioner Jammu issued the fresh Notification No.DCJ/ SQ/Stamp-Duty/2018-19/7001-45 dated December, 31, 2018 thereby notifying the revised circle rates of District Jammu for the year 2019 and in respect of Revenue Villages Sunjwan, Narwal Bala and Chowadhi the rates were alarmingly increased to Rs.60.00 lakshs, Rs.100.00 lakhs and Rs.60.00 lakhs per kanal respectively whereas for Gandhi Nagar (South), Gandhi Nagar (Main), Channi Himmat and Trikuta Nagar the rates were Rs.91.12 lakhs, Rs.84.08 lakhs, Rs.74.84 lakhs and Rs.81.65 lakhs per kanal respectively.
Advocates argued that without adopting any rational criteria the Deputy Commissioner Jammu picked up three Revenue Villages of Narwal Bala, Sunjwan and Chowadhi situated on the outskirts of Jammu and arbitrarily enhanced the circle rates by 70% from the previous notification and according to the new circle rates the land at posh Green Belt Gandhi Nagar, Jammu is cheaper then the land situated at the above referred three rural areas. 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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