Does the District Level Valuation Committee Have Statutory Power to Enhance “Bench Mark Valuation” by Percentages Under the Odisha Stamp Rules, 1952?

Reaffirming that only biennial revision lies with the DLVC, while percentage enhancement is a Collector’s power under Rule 40(2) – binding authority for Odisha valuation procedures

 

Summary

Category Data
Case Name WP(C)/720/2024 of BINOD CHANDRA PADHI Vs STATE OF ODISHA
CNR ODHC010012472024
Date of Registration 12-01-2024
Decision Date 26-08-2025
Disposal Nature Disposed Off
Judgment Author MR. JUSTICE ANANDA CHANDRA BEHERA
Court Orissa High Court
Bench Single Judge
Precedent Value Binding on Odisha valuation authorities; reaffirms existing Orissa Division Bench precedents
Overrules / Affirms Affirms
Type of Law Administrative / Stamp Duty Valuation
Questions of Law Whether the DLVC may enhance bench mark valuation by arbitrary percentages or is confined to fixing revised values biennially, leaving only 10 % enhancement to the Collector under Rule 40(2)?
Ratio Decidendi The Odisha Stamp Rules, 1952 vest in the DLVC only the power to fix or revise bench mark valuation for two-year periods under Rules 40 and 41. Enhancement by percentage is a distinct power of the Collector under Rule 40(2).
Judgments Relied Upon
  • Guruprasad Mohanty & Anr. v. State of Odisha & Ors., AIR 2009 (Orissa) 172 (D.B.)
  • Capital Bar Assn., Bhubaneswar v. State of Orissa & Ors., 2013 (I) OLR 344
Logic / Jurisprudence / Authorities Relied Upon by the Court Statutory interpretation of Rules 37, 40, 41 and related provisions of The Odisha Stamp Rules, 1952; strict compliance principle for statutory procedure
Facts as Summarised by the Court The DLVC’s January 2022 resolution enhanced bench mark valuations by percentages without (a) a proper biennial revision, (b) compliance with Rule 37’s composition requirements, or (c) clear reasons or application of mind.
Citations WP(C)/720/2024; CNR ODHC010012472024

Practical Impact

Category Impact
Binding On All valuation committees, Registrars and Sub-Registrars in Odisha
Persuasive For Other High Courts considering stamp valuation procedures
Follows
  • Guruprasad Mohanty & Anr. v. State of Odisha & Ors., AIR 2009 (Orissa) 172 (D.B.)
  • Capital Bar Assn., Bhubaneswar v. State of Orissa & Ors., 2013 (I) OLR 344

What’s New / What Lawyers Should Note

  • The DLVC may only fix or revise bench mark valuation for two-year periods under Rules 40 and 41; any percentage enhancement power lies exclusively with the Collector under Rule 40(2).
  • Failure to comply with Rule 37’s nomination of expert valuers invalidates a DLVC resolution.
  • Applications under Article 226 can compel strict compliance with statutory valuation procedures.
  • Quashing of Annexure 1 underscores the principle that administrative bodies cannot exceed procedural mandates.

Summary of Legal Reasoning

  1. Rules 40 and 41 empower the DLVC only to fix or biennially revise market value guidelines; they do not authorize percentage enhancements.
  2. Rule 40(2) grants the Collector (as DLVC chairman) a separate power to enhance the last fixed value by 10 % if the DLVC fails to revise within two years.
  3. Rule 37 mandates inclusion of expert valuers in the DLVC; non-compliance voids committee resolutions.
  4. Reliance on two Division Bench precedents (Guruprasad Mohanty and Capital Bar Association) to reaffirm limited DLVC authority and strict procedural adherence.
  5. Application of inherent writ jurisdiction under Article 226 to quash the ultra vires resolution and mandate fresh valuation in compliance with statutory rules.

Arguments by the Parties

Petitioner

  • DLVC’s Annexure 1 resolution enhanced bench mark valuation by arbitrary percentages (over 100 %) without following statutory revision procedure.
  • No evidence of proper DLVC composition under Rule 37 or reasons assigned; resolution is devoid of “application of mind.”

Opposite Parties (State)

  • Annexure 1 was prepared by a duly constituted DLVC and complies with law; not liable to be quashed.

Factual Background

Binod Chandra Padhi challenged a DLVC resolution dated 27 January 2022 that enhanced bench mark valuations across Ganjam District by percentages without fixing specific values through a biennial revision. The petitioner alleged lack of compliance with Rule 37 (committee composition) and Rules 40–41 (revision procedure), prompting a writ under Articles 226/227 seeking quashing of the Annexure.

Statutory Analysis

  • Rule 37: Constitution of DLVC; Collector as chairman; nomination of two public persons (one expert valuer).
  • Rule 40: Issue and biennial revision of market value guidelines; Rule 40(2) empowers Collector to enhance by 10 % on DLVC’s failure.
  • Rule 41: Procedure for preparation of market value, requiring application of valuation principles and official instructions.
  • Rules 44–46: Special revisions, public notices, enquiry powers, and grievance referrals; ensure transparency and compliance.
  • Conclusion: Only biennial revisions by DLVC; percentage enhancements are outside DLVC’s power.

Alert Indicators

  • ✔ Precedent Followed – The decision reaffirms established Orissa Division Bench rulings on DLVC powers.

Citations

  • Guruprasad Mohanty & Anr. v. State of Odisha & Ors., AIR 2009 (Orissa) 172 (D.B.)
  • Capital Bar Association, Bhubaneswar v. State of Orissa & Ors., 2013 (I) OLR 344
  • WP(C)/720/2024; CNR ODHC010012472024

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