Circle Rates in National Capital Territory of Delhi

2011

Published vide Notification No. F. 1 (152)/Regn.Br./Div.Coin./HQ/2011/919, dated. 15-11-2011

Effective from 16th November, 2011.

Notification No. F. 1 (152)/Regn.Br./Div.Coin./HQ/2011/919, dated. 15-11-2011 – In exercise of the powers conferred by Section 27 and Section 47-A of the Indian Stamp Act, 1899 (2 of 1899) as in force in Delhi and in pursuance of the provisions of Rule 4 of the Delhi Stamp (Prevention of Under-valuation of Instruments) Rules, 2007, read with the Ministry of Home Affairs, Government of India Notification S.O. 2709 (No. 41/2/66-Delhi), dated the 7th September, 1966,

and in supersession of this Government’s Notification No. 1 (281)/Regn.Br./ HQ/Div.Com./09/45, dated 4.2.2011, the Lt. Governor of the National Capital Territory of Delhi, hereby revises and notifies, the minimum rates (circle rates) for valuation of lands and immovable properties in Delhi for the purposes and intent of the said Act and the rules made thereunder, as specified in Annexure I to this notification.

1. The above rates shall be taken into consideration for registration of instruments relating, to land and immovable properties in Delhi by all the Registering Authorities under the provisions of the Indian Stamp Act, 1899 (2 of 1899) at the time of registration of instruments under tire provisions of the Registration Act, 1908 (16 of 1908), having jurisdiction on the transaction placed before them for registration, under the provisions of the Indian Stamp Act, 1899 (2 of 1899), as in force in Delhi.These revised rates shall come into force with effect from 16.11.2011.

Annexure-I

Minimum rates (Circle Rates) for valuation of land and properties for the purposes of registration under the Registration Act, 1908 in Delhi:-1. Minimum land rates for residential use :-

2. Minimum land rates for Commercial, Industrial and other uses:-The following multiplicative use factors shall be employed to the above minimum land rates for residential use while calculating the cost of land under different uses:-

3. Minimum rates for cost of construction :-

3.1 The base unit rate of cost of construction will be :

3.2 The following multiplicative, factors shall be employed to the minimum cost of construction for taking into consideration age of structures :-

3.3 The following multiplicative factors to the above minimum cost of construction for different types of structures shall be considered only for colonies in ‘G’ and ‘H’ Categories : –

4. Minimum rates for built-up flats:-

4.1 For flats in buildings having more than four storeys, a uniform rate per sq. mtr. of Rs. 60,000/- will be taken as the minimum value of built-up rate for DDA/Co-operative/Group Housing Socieities in place of existing rates of Rs. 30,000/- per sq. mtr. by making 100% increase. For multi-storyed flats by private builders, a multiplicative factor of 1.25 shall be employed.

4.2 Where part plinth area, say one floor, of an independent property other than a flat is sold, the relevant minimum land cost may be taken for the proportionate plinth area sold, and minimum cost of construction applied on the plinth area sold.

Connected laws:

1. Delhi Stamp (Prevention of Undervaluation of Instruments) Rules, 2007
2. Stamp Act, 1899

Comment :

• Circle rates have been notified under Rule 4 of the Delhi Stamp (Prevention of Under-valuation of Instruments) Rules, 2007 framed in exercise of power under Section 75 of the Stamp Act entitling the State Government to make rules to carry out generally the purpose of the Act. As per said Rule 4, (i) the circle rates are prepared after the Deputy Commissioner of each District has undertaken the prescribed exercise; (ii) before the circle rates are notified they are placed in public domain for fifteen days for inviting objections/suggestions thereon and notified after a decision has been taken on the objections/ suggestions so received; (iii) the said circle rates are to act as guide/indicator for the purpose of assessing the duty chargeable on the value or the consideration of any property; and, (iv) any instrument setting forth the market value below such valuation is to be referred by the Registering Officer to the Collector. Per Section 47-A of the Stamp Act as applicable to Delhi, the Registering Officer if “has reason to believe that the value of the property or the consideration” has not been truly set forth in the document/instrument presented for registration, the document/instrument is to be referred to Collector for determination of the value or consideration and the proper duty payable thereon. It further provides that the Collector, after giving the parties reasonable opportunity of being heard and after holding an enquiry as may be prescribed shall determine the value of the property or the consideration and the duty payable thereon.
• Whether the Circle Rates fixed by the Government are appropriate or not or should be higher or lower or are not in consonance with the market rates are matters of policy on which no jurisdiction can be exercised by Court. Of course, if it was the case that the Circle Rates have been fixed without any appropriate application of mind, it would have been a different matter.
• The Supreme Court observed, based on the provisions of Stamp Act and the Rules framed thereunder, by the State of West Bengal, that the provisions of the Suit Valuation Act, 1887 cannot be employed for the purposes of assessment of stamp duty, and that the registering authority cannot be compelled to follow “invariably”, the value fixed by the court for the purposes of suit valuation. It is in this context, that the court observed that for the purposes of registration the instrument in issue has to be valued in terms of the market value at the time of execution of the document.