JUDGMENT A.U. Khan, J.M. - The facts are; On 13.8.85 a sale deed favouring D.C.M. Ltd. Delhi (Unit Daurala Sugar Works, Daurala), new D.C.M. Sri Ram Industries Ltd. is executed of Khasra Nos. 205, 206, 207 and 208. The total area ad measures 8445 Sq. metres or 10115 Sq. yards or 0.8645 hectares. The valuation set forth is at Rs. 2,06,800.00 Soon after execution registration closes the transaction. 2. On 20.11.85 Sub-registering officer, Sardhana submits a reference under Section 47-A (2) Stamp Act to Assistant Commissioner Stamp because he had reasons to believe that market value is not truly set forth. Assistant Commissioner takes cognizance of it and orders issue of a show cause notice for giving an opportunity of hearing. On 13.6.86 an objection in opposition articulates numerous protests. The contention argues that land is held for agricultural purpose. It is not hemmed in on any side with construction. The claim is that sale price is on a higher' side; the stamp duty has been properly paid. Surely, declaration under Section 148 Z.A. L.R. Act will not under in market value thereof. Documental evidence is adduced to show that land is agricultural and liable to less stamp duty. 3. Registering Officer, Sardhana, forwards documental evidence (1) a declaration under Section 143 Z.A. L.R. Act (2) an example sale deed dated 23.7.85 underlines the value at a rate of 50.00 per Sq. yards (3) an example sale-deed dated 18.6.85 underlining sale at a rate of Rs. 83.00 per Sq. yard. 4. Parties are given chance to lead their evidence. They have made their representation. On 30.8.83 Assistant Commissioner, Stamp Meerut range, enters an order determining the value of Rs. 7,05,750.00. The stamp duty payable paid is at Rs. 17,595.00. So the deficient stamp duty is at Rs. 25,415.00. The order is to pay a penalty of Rs. 25,415.00. Aggrieved by this order, 20 revisions are lodged. They entail common points in fact and at law; so are hereby disposed of by a common order. 5. Heard the counsel pro and con the revision. 6. The submission of counsel for revisionist is that land has no potential for use other than agriculture and declaration under Section 143 Z.A. and L.R. Act is immaterial. This contention is countered by counsel for State who submits that land has already been declared held for construction of abadi. 5. Heard the counsel pro and con the revision. 6. The submission of counsel for revisionist is that land has no potential for use other than agriculture and declaration under Section 143 Z.A. and L.R. Act is immaterial. This contention is countered by counsel for State who submits that land has already been declared held for construction of abadi. Sri Ram Industries Ltd. cannot approbate the declaration and reprobate the consequence in the same breath. I do not propose to go by surface realities relating to declaration. The deeper implication shows that declaration is inconsequential. The order is secured at the instance of vendor Sheo Charian. Section 143 Z.A. and L.R. Act envisages a declaration only when Bhumidhar tenant uses his tenure for a purpose not connected with agriculture etc. Surely, the report of Supervisor Kanungo was that land is quite vacant at the spot. The land was not held at the material time for a purpose other than agriculture. It is apt to give meaning to a substance and not to an idle declaration. The discussion at page two by court below comes to little. 7. It is claimed that purchaser will use the land and for an Industrial purpose. Where Sri Ram Industries stands land is costly but this will not enable the revenue to charge a higher market rate from it than from any other prospective purchaser. On 13.6.86 the Objection in Opposition states in paragraph 5 that objector being a needy purchaser paid much higher sale price than the prevailing market rate. Paragraph 6 claims the objector has purchased the land on a much higher rate in comparison to the circle rate prescribed for this land. There is no disclaimer. That purchaser will in near future put the land to industrial use is certainly an inadequate reason to charge any rate. It should be a rate negotiable in a free market. The court below has made much capital of order under Section 143 Z.A. and L.R. Act but this fact never impinges in determination of market value. Market value has been determined on the basis of one of two examples submitted by Sub-registrar. In example the purchasing rate is at Rs. 50.00 and at Rs. 80.00 per Sq. yard. The court below has adopted at Rs. 50.00 per Sq. yards as a scale for calculating the value. The sale deed at Rs. Market value has been determined on the basis of one of two examples submitted by Sub-registrar. In example the purchasing rate is at Rs. 50.00 and at Rs. 80.00 per Sq. yard. The court below has adopted at Rs. 50.00 per Sq. yards as a scale for calculating the value. The sale deed at Rs. 50.00 has only an area of 83.87 Sq. rates to go by. Smaller plots sell at a higher rate than larger fields as 10115 Sq. yards is here. The rate in the example is distinctly high because of obvious advantages. That land is situate in the thick of abadi, adjacent to Police Station, Arya Samaj Mandir and Kanya Pathsala Daurala. The same is hemmed in by residential buildings. The land in question here is 3 or 4 kms. far and away; is part of a vast open stretch with no buildings in sight. It is a desultry landscape. The example sale-deed is not relevant. It is not a helpful guide as it is not a sale of a comparable land. In A.I.R. 1986 Delhi 140 it has been formulated. "In assessing value the essential inquiry must be what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but also with reference to the uses to which it may be devoted in future. Potentiality is a true element of value. It includes probabilities, possibilities and prospects. The value of the land in the neighbourhood or adjoining areas is also to be taken into consideration for it may be relevant to a greater or lesser degree". 8. What price is to set? The search for precision in arriving at a market rate in terms of Sq. yards is elusive. The transaction is a rambling settlement in lump sum. No other basis leads anywhere near to market rate. The reason is obvious. The land has not as yet broken free of it's feudal stronghold. It is not selling like pots and cans in market as in a capitalist economy. Sadly, it has not begun to be treated more anil more as something that could be bought and sold, used and abused, as in modem capitalism. So the passion to be exact remains unrealised. In the sale-deed the rate per Sq. yards works out to at Rs. 20.00 or thereabouts. Sadly, it has not begun to be treated more anil more as something that could be bought and sold, used and abused, as in modem capitalism. So the passion to be exact remains unrealised. In the sale-deed the rate per Sq. yards works out to at Rs. 20.00 or thereabouts. Court below has gone by an example to set price at rate at Rs. 50.00 per Sq. yard. It's value at agricultural rate be taken (a) Rs. 15.00 per Sq. yard. Revisionist has paid at Rs. 20.00 per Sq. yard. The potential value doubles by reason of it's situation adjoining an industrial house. So it is apt to reduce the rate from Rs. 50.00 to Rs. 30.00 per Sq. yard. 9. The valuation for an area of 10,150 Sq. yards; at a rate of Rs. 30.00 comes at Rs. 5,05,750.00 The stamp duty payable is at Rs. 25,797.00. The duty already paid is at Rs. 17,595.00. The duty, furthermore, to pay is at Rs. Rs. 8,202.50. 10. Revision is allowed. The amount of penalty is set aside as unsupportable in law. The stamp duty is reduced at Rs. 17,595.00. 11. This order will govern all 20 companion revisions based on common facts and at law. The following chart tabulated the position as respects each revision.