Rajiv Sharma, J. - (1.) HEARD learned Counsel for the parties.
(2.) BY means of this writ petition, the petitioner has assailed the order dated 4.12.2010 passed by the Assistant Commissioner Stamp, District Bahraich imposing the deficiency in stamp duty and penalty in exercise of power provided under Section 47(A) of the Indian Stamp. The petitioner has also assailed the order dated 11.4.2011 passed by the Additional Commissioner Devi Patan Division, Gonda, District rejecting the appeal of the petitioner. According to the petitioner, the petitioner purchased agricultural land for a sum of Rs. 30,000/ - from the recorded tenure holders and paid the stamp duty as applicable on the agriculture land. He submits that inspite the facts that the land, which was purchased by the petitioner, was an agricultural land and it was not adjacent to abadi land and further the land in question was not declared as abadi land under Section 143 of U.P.Z.A & L.R. Act but the Assistant Commissioner, Stamp Bahraich, Bahraich, vide impugned order dated 4.12.2010, imposed the deficiency in stamp duty and penalty in exercise of power under Section 47 (A) of the Indian Stamp Act. He submits that against the order dated 4.12.2010, the petitioner filed an appeal before the Commissioner, Devi Patan Mandal, Gonda and the Commissioner, without looking the aforesaid facts, dismissed the appeal by the order dated 11.4.2011 and confirmed the order dated 4.12.2010 passed by the Assistant Commissioner. Learned Counsel for the petitioner submits that in pursuance to the impugned orders, the Tehsil authorities issued a recovery citation notice against the petitioner on 28.2.2011.
(3.) THE legal position which emerges out from the aforesaid cases is that the market value of the land cannot be determined with reference to the use of the land to which buyer intends to put it. The market value is what a general buyer may offer and what the officer may reasonably expect. In determining the market value, the potential of the land as on the date of sale alone can be taken into account and not what potential it may have in the distant future. Any subsequent improvement or change in the nature or user of the land, which may result into enhancement of the market value of the property, is not to be taken into account and it is only the value of the property on the date of execution of the document that is to be considered for the purpose of determination of proper stamp duty payable on the instrument.;