- (1.) THIS is a revision against the order of Collector Stamp/additional Collector (F & R), Mirzapur dated 28-1- 2003.
(2.) HEARD the learned Counsel for the revisionist on the issue of admissibility and gone through the order of the Collector carefully. The learned Counsel for the revisionist argued that the land in question was agricultural in nature at the time of the execution of the sale-deed and he has produced the copies of the Khasra and Khatauni and has pointed out that the seller had sought permission from the Collector under Section 157 of the U. P. Z. A. and L. R. Act which was required only when the land was unquestionably agricultural in nature. The departmental representative pointed out that the said document itself was accompanied by a map which shows residential land all around the plot in question. Therefore it was proper to treat the sold plot in the residential category and the market value was calculated on that basis.
(3.) AFTER going through the order, I find that it is very sketchy in nature. The order does not speak about the objections raised by the revisionist and how the Collector has considered those objections and how he has arrived at the conclusions mentioned in the order. The last paragraph of the discussions simply mentions that considering the objections and perusing the records it is proper that the market value is decided at Rs. 79,75,170. In fact the Collector Stamp is expected to apply his mind on the objections raised by the revisionist and examine those objections and come to conclusions on each issue and explain why he has arrived at the said market value. From the order it is difficult to make out the rate at which the residential land was to be assessed as per the circle rate notified by the Collector. The following questions have to be accurately discussed in the order : (i) The present use of the land in question is agricultural; but presumably this land lies in between residential buildings. It has to be clearly mentioned whether on all the four boundaries of the plot there are residential areas or residential buildings stand on only two sides of the plot sold? (ii) Is there a special circle rate for agricultural land inside the city areas? (iii) In which segment of the circle rate-list, the area in which the sold plot lies? (iv) What is the residential circle-rate of that area ? (v) What is agricultural circle-rate of that area? (vi) If one or two sides of the plot are not covered by residential use but are open and land used for agricultural purposes, the Collector, Stamp should specify reasons why he considers this particular plot in the residential category?;