Use of average sales method to revise land prices is illegal: HC

The Hyderabad High Court has declared that the adoption of average sales method by the District Level Special Committee as well as the district collector for revising the market value of lands in Vemulaghat village of Siddipet district (erstwhile Medak district) is prima facie illegal and unsustainable.

Justice M.S. Ramachandra Rao has granted interim suspension of the proceedings issued by the district collector for taking up a special revision of market values of the lands in Vemulaghat and other villages in Siddipet district in a pet-ition by S. Narasimha Reddy and others challenging revision of market value by the collector.

The judge pointed out that the adoption of average sales method was firstly violative of Section 26 (1)(a)r\w sub section (6) of the Section 47A of Indian Stamp Act 1899 and secondly it violates principles laid down by the Supreme Court in various land acquisition cases.

Noting that as per the Telangana Revision of Market Value Guideli-nes and Rules 1998 a periodical review of market value of land once in every alternative year has to be conducted, the judge said the district collector admitted that there was no revision between April 1, 2013 and August 8, 2017 and this is indeed very fortunate.

The judge found fault with the stand of the authorities that they will pay compensation at `6 lakhs per acre if the petitioners willingly give up the land, but they will pay compensation at the revised rate of `85,000 per acre if their land has to acqui-red, and later the petitioner should avail the remedies under the Act for getting enhanced compensation.

The judge said that the stand of the authorities is prima facie arbitrary and unreasonable and violates Article 14 of the Constitution and provisions of the relevant law and such a stand also not bonafide and cannot be countenanced.