IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.6047 of 2010 Date of Decision : July 27, 2010. Shamsher Singh and others .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.S.Rangpuri, Advocate, for the petitioners. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioners impugn the order dated 29.7.2008 (Annexure P-12) passed by the Collector, Faridkot, directing them to affix additional stamp duty to the tune of Rs.2,89,350/- on sale deed No.3057 dated 2.11.2006, as well as the order dated 20.5.2009 (Annexure P-14) passed by the Commissioner, Faridkot Division, Faridkot, upholding the above- mentioned order of the Collector in appeal. The admitted facts are that the land measuring 1686 square yards abutting the State Highway-Kotkapura-Faridkot road and adjoining the Faridkot City (District Headquarters) was purchased by the petitioners C.W.P.No .6047 of 2010 2 vide sale deed No.3057 dated 2.11.2006 (Annexure P-1) for a purported sale consideration of Rs.10 lacs. On a reference under Section 47-A of the Indian Stamps Act, 1899, the Collector, Faridkot, vide his impugned order dated 29.7.2008 (Annexure P-12) has held that the rate of the land is Rs.2500/- per square yard and in this manner, the total sale consideration comes out to be Rs.42,15,000/-. The petitioners have been accordingly directed to affix the additional stamp duty and also to pay the registration charges. There is no denial that the subject land has been purchased for the residential purpose and is abutting the urban area. In no circumstance, the land measuring 1686 square yards can be used for agricultural purpose as sought to be pleaded by the petitioners before the authorities. To arrive at the estimated consideration, the Collector has relied upon the reports dated 22.7.2008 and 28.7.2008 (Annexures P-10 & P-11) submitted by the Tehsildar, Faridkot and the Additional Deputy Commissioner, Faridkot, respectively. Both of them visited the spot and have opined that keeping in view the location of the land and the purpose for which it is likely to be used, its market rate cannot be less than Rs.2200/2300 per square yard according to the Tehsildar, Faridkot and Rs.2500/- per square yard as per the Additional Deputy Commissioner, Faridkot. The Collector has given more weightage to the second report and has passed the impugned order. The reliance placed by the petitioners on certain sale deeds is inconsequential for the reason that the sale considerations mentioned C.W.P.No .6047 of 2010 3 therein cannot be taken as a conclusive proof of the actual market value nor the exact location of those lands is known for want of a proper site plan. No interference with the impugned orders is called for. Dismissed. July 27, 2010 (SURYA KANT) Mohinder JUDGE