Orissa HC quashes ‘unlawful’ benchmark valuation of immovable property in Ganjam district

The Orissa High Court has quashed the benchmark valuation of immovable landed property in Ganjam district on the ground that the valuation was on a much higher side contravening the relevant provisions of Odisha Stamp Rules, 1952.
Benchmark valuation is the government-prescribed minimum values for properties, which are used for stamp duty calculation and are updated periodically by the government.
The District Level Valuation Committee (DLVC) in Ganjam enhanced the Bench Mark Valuation (BMV) of the immovable properties in different areas of Ganjam District under different Subdivisions and Tahasils to the exorbitant percentages much more than 100 per cent without application of the minds of the members of the DLVC and without following the due procedures of law, the same are liable to be quashed, a writ petition filed in this regard pointed out.
It is held that the enhancement of the BMV in respect of the immovable properties of different villages/areas under different Subdivisions and Tahasils in the Ganjam district has been made by the Opposite Parties (government agencies) without following the statutory provisions of law, then at this juncture, the decision of DLVC is liable to be quashed, the Single Bench judge, Justice Ananda Chandra Behera stated in the order.
It is the law that, where a statute provides for a particular procedure to be followed for doing a particular Act in a particular manner, the authority has to follow the same procedures and passing of anything beyond the statutory procedures is not permissible under law.
The Opposite Parties (authorities of Ganjam district) are directed to constitute the District Level Valuation Committee and other Committees in accordance with the provisions of law envisaged in Rule 37 of the Odisha Stamp Rules, 1952 for fixing the revised Bench Mark Valuation of the properties in different Subdivisions and Tehsils of Ganjam District for the year 2024-2026 and to complete the entire process for fixation of the revised Bench Mark Valuation as early as possible preferably within a period of three months, Justice Behera concluded in the order.