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Gujarat High Court dismisses plea regarding declaration of Jantri rates by state government

The Gujarat High Court disposed of a Public Interest Litigation (PIL) seeking declaration that the Jantri rates fixed by the State Government in so far in village Fatehvadi of Taluka Vejalpur, District Ahmedabad is concerned is unfair, arbitrary, not rational and on a very higher side and further be pleased to direct the respondents to carry out re-survey of village Fatehvadi and to re-fix Jantri rates in part with the Jantri rates of adjoining villages namely Bakrol, Vanjar and Bakrol-Babrabad.

The PIL further prayed :-

“(b) Issue an appropriate writ or order directing the respondents to again fix the jantri rates of village Fatehvadi, Taluka Vejalpur, District Ahmedabad by decreasing the rates of Jantri considering the Jantri of adjoining villages namely Bakrol, Vanjar and Bakrol-Badrabad; and

(c) Pending admission, hearing and final disposal of this application, your Lordships be pleased to stay the implication, execution and operation of new Jantri rates in so far as village Fatehvadi, Taluka Vejalpur, District Ahmedabad is concerned and further be pleased to direct the respondents to accept and register the sale deed of the lands of village Fatehvadi, Taluka Vejalpur, District Ahmedabad considering the jantri of adjoining villages”.

The Division Bench of Chief Justice Sunita Agarwal and Justice N.V. Anjaria found that the issue primarily is about the discrepancy in fixation of circle rates of three adjoining villages, as pointed out in the memo of the application.

The determination of circle rates is governed by the provisions of the Gujarat Stamp (Determination of Market Value of Property) (amendment) Rules, 2016. The remedy for the petitioners is to approach the Superintendent of Stamps-the competent authority of the respondent , the Bench observed.

The Court disposed of the petition with the observation that the petitioners are at liberty to approach the competent authority who shall deal with the grievance raised by the petitioners strictly in accordance with law.

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