Rajammal v. The Deputy Commissioner And ORS.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...
...
WPA/232/2022 Rajammal ... Petitioner Vs.
The Deputy Commissioner and others ... Respondents Mr. Gopala Binnu Kumar ... for the petitioner Mr. V.D.Sivabalan ... for the respondents July 25, 2022 [SR] Item No.3 Learned counsel for the petitioner contends that the respondent authorities have not been assessing the valuation of the petitioner's property, for which the petitioner is being precluded from effecting transfer of the same, although sale permission and non-encumbrance certificates have already been issued in favour of the petitioner. It is submitted that for the purpose of registration of the transfer, the assessment of valuation is a pre-requisite, which is not being done by the respondent authorities.
Learned counsel appearing for the respondents submits that there has been no notification regarding the area in question, that is, the Minnie Bay area as yet for the purpose of ascertaining the base rate for assessing the valuation. However, on instruction, learned counsel submits that the Administration
is already taking steps for bringing the said area, along with certain others, within the purview of a notification regarding the base-rates. As and when such notification shall be issued, the petitioner's application for valuation shall be processed. However, it appears from the submissions of the parties that since 2019, no such notification regarding the Minnie Bay area and certain other areas has been published by the respondent authorities. It is evident from Annexure P-5 at page18 of the writ petition that the relevant notification regarding other areas was published as long back as on October 22, 2019. It cannot be the law that the applicant shall be kept waiting inordinately, due to inaction of the Administration in notifying particular areas for the purpose of ascertaining the base-rate for valuation.
The right to property and life of a person, as enshrined in the Constitution of India, contemplates within its fold the right to enjoy and to deal with property as well. Such right of the citizens cannot be violated merely due to a notification not being published by the respondent authorities, due to no fault of the persons seeking to enter into such transactions. Hence, WPA/232/2022 is disposed of by directing the respondent authorities to decide on the petitioner's application for assessment of valuation for the purpose of registration of the petitioner's property at Minnie Bay, on the basis of the valuation of similar properties in adjacent villages. Such assessment shall be made at the earliest, preferably within one month from date.
No order as to costs.
Urgent photostat certified copy of this order be supplied to the respective parties upon compliance of usual formalities. ( Sabyasachi Bhattacharyya, J. )