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High Court of Gujarat

KETAN NATVARLAL BRAHMBHATTversusUNION OF INDIA THRO SECRETARY

Disposal
39-RULE DISCHARGED/DISMISSED @ FH

Holding

Rule 8A(3) of the Wealth Tax Rules, 1957 is a valid classification and does not contravene Articles 14 and 19 of the Constitution.

Summary

The petitioner, a civil engineer and registered valuer for non‑agricultural immovable property, applied for registration as a valuer of agricultural lands under Section 34AB of the Wealth Tax Act, 1957, but his application was rejected because he did not possess a degree in Agricultural Science as required by Rule 8A(3) of the Wealth Tax Rules, 1957. He challenged the rule as arbitrary, irrational and violative of Articles 14 and 19 of the Constitution, arguing that valuation of agricultural land does not require specialized agricultural education. The respondents contended that the rule is a reasonable classification within the State’s power to prescribe professional qualifications and that agricultural land valuation involves distinct parameters necessitating agricultural expertise. The Court examined the legislative scheme, the specific qualifications prescribed for different asset classes, and the statutory valuation form, finding a rational nexus between the educational requirement and the object of the rule. It held that the rule is a valid exercise of legislative authority and not ultra vires the Constitution. Consequently, the writ petition was dismissed.

Issues considered

  • The validity of Rule 8A(3) of the Wealth Tax Rules, 1957 requiring a degree in Agricultural Science for registration as a valuer of agricultural lands.
  • Whether the requirement violates Articles 14 and 19(6) of the Constitution of India.

Legislation cited

Subjects

constitutional lawArticle 14Article 19(6)professional qualificationvaluation of agricultural landWealth Tax ActRule 8A(3)discriminationregistration of valuers

Judgment

 C/SCA/2167/2013                                     CAV JUDGMENT DATED: 14/07/2026




                                    Reserved On   : 08/07/2026
                                     Pronounced On : 14/07/2026
          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO.2167 of 2013

FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.S. SUPEHIA                                      Sd/-.

and
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI                              Sd/-.
================================================================
          Approved for Reporting                     Yes           No
                                                      a
================================================================
                       KETAN NATVARLAL BRAHMBHATT
                                    Versus
                   UNION OF INDIA THRO SECRETARY & ORS.
================================================================
Appearance:
MR YATIN SONI(868) for the Petitioner(s) No. 1
RULE UNSERVED for the Respondent(s) No. 1
MR.VARUN K.PATEL(3802) for the Respondent(s) No. 2,3
MR.RAJ TANNA, AGP for the Respondent(s) No. 4
================================================================
 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
                    CAV JUDGMENT
      (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
(1)    By     way      of   the    present          writ     petition,           the
petitioner is seeking a declaration to declare Rule
8A(3) of the Wealth Tax Rules, 1957 (for short “the
Rules”), as ultra vires of Articles 14 and 19 of
the Constitution of India. The petitioner has also
called in question the legality and validity of the
order dated 26.09.2012 passed by respondent No.3-
Chief       Commissioner          of   Income         Tax,      whereby          the
petitioner's application seeking registration as a
"Registered           Valuer"     under           Section     34AB      of       the
Wealth Tax Act, 1957 (for short “the Act”) read

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with     Rule       8A(3)   of   the      Rules     for      Category-II,
namely, Agricultural Lands (other than coffee, tea,
rubber       and     cardamom        plantations),          came       to     be
rejected on the ground that the petitioner lacks
prescribed          educational        qualification,           namely,            a
Degree in Agricultural Science from a recognized
University, as contemplated under Rule 8A(3) of the
Rules.

BRIEF FACTS OF THE CASE :
(2)    The         petitioner     is      a     Civil       Engineer          by
profession,          holding     a      Bachelor       of     Engineering
degree from Gujarat University. During the course
of    his     engineering        studies,        the    petitioner           had
undertaken and successfully completed the subject
of    "Professional         Practice       and    Valuation"          in     the
eighth       semester       of    the      degree      programme.            The
petitioner has been practicing as a professional
Real Estate Valuer for more than twelve years and
has been duly registered as a Government Approved
Valuer        for     immovable         properties          (other          than
agricultural lands, plantations, forests, mines and
quarries)           pursuant      to      Registration            No.Cat/I/
402/2001-2002 dated 20.08.2001 issued by the Chief
Commissioner of Income Tax, Ahmedabad-II.

(3)    On     17.04.2012,        the    petitioner          submitted         an
application           before     the      respondent          No.3       under



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Section 34AB of the Act read with Rule 8A(3) of the
Rules seeking registration as a Registered Valuer
for Category-II, namely Agricultural Lands (other
than coffee, tea, rubber and cardamom plantations).
The application was accompanied by all requisite
documents          together    with        the       prescribed          fees.
However, vide order dated 26.09.2012, respondent
No.3 rejected the said application solely on the
ground       that    the   petitioner          did    not    possess         the
educational         qualification         prescribed          under        Rule
8A(3) of the Rules.

(4)    The petitioner's principal grievance is that
the requirement of a degree in Agricultural Science
as an essential qualification for registration as a
valuer of agricultural lands under Rule 8A(3) of
the Rules is arbitrary, irrational and devoid of
any reasonable nexus with the object sought to be
achieved.

SUBMISSIONS ON BEHALF OF THE PETITIONER :
(5)    Learned advocate Mr.Soni                   has submitted that
no    specialized          educational         programme          in     India
imparts training specifically in the valuation of
agricultural lands through a degree in Agricultural
Science, whereas the curriculum for a Bachelor of
Civil        Engineering       includes              the     subject          of
Professional          Practice       and         Valuation,            thereby



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equipping           Civil       Engineers            with         the      requisite
expertise to undertake valuation assignments. It
is, therefore, contended that the prescription of a
degree in Agricultural Science bears no rational
relationship             with    the      function           of     valuation          of
agricultural lands and is consequently liable to be
declared ultra vires of Articles 14 and 19 of the
Constitution of India.

(6)    It is contended that under the scheme of the
Wealth        Tax     Act,       1957,         and       the       Rules        framed
thereunder, valuation reports in respect of both
agricultural as well as non-agricultural properties
are    required          to     be   submitted           in      the     prescribed
statutory format. While referring to the Form, it
is    submitted           that       the       exercise             fundamentally
involves valuation principles and does not require
any specialized academic knowledge in Agricultural
Science.

(7)    It     is    next        submitted           that      there       exists       no
independent statutory authority or regulatory body
in    India        for    registration              of     valuers,          and      the
Income Tax Department alone regulates registration
of valuers under the Wealth Tax Act and allied
legislations.            Hence,      as    a        consequence,           a    person
registered under the said statutory framework is
universally          recognized           as    a     Government             Approved
Valuer or Government Registered Valuer.

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(8)    Learned Advocate Mr.Soni has further submitted
that     the       determination          of       the     market        value       of
agricultural land primarily depends upon accepted
principles          of     valuation           and       market        assessment
rather       than       academic        knowledge           in      Agricultural
Science. Hence, the requirement of an Agricultural
Science        degree      has     no     rational           nexus       with       the
object of valuation.

(9)    It      is       further     urged          that       various         public
authorities such as Collectors, Deputy Collectors,
Settlement          Officers,           Land        Valuation            Officers,
Superintendents            of     Land      Records           and      Registrars
under the Registration Act, 1908 are made eligible
for registration under Rule 8A(3)(ii) of the Rules
nevertheless that they may neither possess a degree
in     Agricultural             Science        nor       have        any      formal
academic training in valuation. According to the
learned advocate, while Government officials having
prescribed              service         experience               are         granted
eligibility             under     the     Rules,          similarly           placed
professionals from the private sector are excluded
solely on the basis of educational qualification.
It       is,        therefore,             submitted                that          such
classification            is     arbitrary,          discriminatory                 and
violative          of    Article     14     of      the      Constitution            of
India.



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(10) Elaborating                the      methodology           adopted           for
valuation          of    agricultural           land,     it   is     contended
that          the          exercise             necessarily             involves
consideration              of      several           relevant           factors,
including the location and situation of the land,
surrounding development, comparable sale instances,
judicial            awards        determining             market             value,
Government Jantri valuation, land-use restrictions,
prevailing market conditions and, where applicable,
capitalization of agricultural income, and none of
these      recognized           methods         of   valuation          requires
specialized             academic        knowledge         in     Agricultural
Science. Even the statutory format prescribed for
valuation does not envisage such qualification. It
is, therefore, contended that the prescription of a
degree in Agricultural Science under Rule 8A(3) of
the       Rules          is     arbitrary,            unreasonable               and
constitutionally unsustainable.

SUBMISSIONS ON BEHALF OF THE RESPONDENT :
(11) Learned Senior               Standing Counsel Mr.Varun                       K.
Patel while opposing the present writ petition has
submitted           that      Rule       8A(3)       of    the       Rules        is
constitutionally valid and does not suffer from any
infirmity warranting interference by this Court. It
was      contended            that        Article         19(6)         of       the
Constitution             expressly          empowers        the      State        to
prescribe professional or technical qualifications


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for     carrying            on    any      profession,          occupation           or
business           in       the     larger         public       interest.           The
impugned           Rule          merely       prescribes             the    minimum
educational             qualification             for    registration           as        a
valuer        of        agricultural              land        and,     therefore,
constitutes             a     reasonable         restriction          within        the
meaning of Article 19(6) of the Constitution. It
was further submitted that the Rule neither creates
an arbitrary classification nor discriminates on
any prohibited ground and, consequently, does not
violate Article 14 of the Constitution.

(12) Learned                Senior        Standing         Counsel           further
submitted that Rule 8A of the Rules comprehensively
prescribes              the       educational           qualifications              and
experience required for registration of valuers in
respect of different classes of assets under sub-
rules (1) to (12). The qualifications prescribed
vary depending upon the nature and characteristics
of the asset sought to be valued. Rule 8A(2) of the
Rules        specifically               deals          with     valuation            of
immovable properties other than agricultural lands,
plantations,                  forests,          mines          and         quarries.
Agricultural                lands    constitute            a     separate           and
distinct           category,        requiring           different          expertise
owing       to      the          unique      factors          governing         their
valuation.



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(13) It was next contended by the learned Senior
Standing           Counsel     that       the       petitioner,          being          a
qualified          Civil     Engineer,          is    fully       eligible         to
undertake valuation of buildings, urban lands and
other immovable properties falling within the ambit
of     Rule        8A(2)     of     the     Rules.        His      educational
qualifications adequately equip him to discharge
functions           relating       to      architecture,             structural
engineering, town planning, development of land,
quantity surveying, valuation of buildings and real
estate       consultancy.          However,          such     qualifications
cannot ipso facto entitle him to registration as a
valuer of agricultural lands, for which a distinct
educational             qualification           has     consciously             been
prescribed by the rule-making authority.

(14) Elaborating the rationale behind the impugned
Rule,      learned         Senior     Standing         Counsel         submitted
that      the        valuation        of        agricultural            land       is
fundamentally different from the valuation of other
immovable properties. Besides location and market
value,        the       valuation         necessarily          depends          upon
several agriculture-specific parameters, including
fertility          of    the      soil,     nature        and      quality         of
cultivation,               irrigation              facilities,           cropping
pattern, agricultural productivity, classification
of land in revenue records, annual yield, proximity



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to markets, accessibility, mode of cultivation and
other      allied     factors.      It      was       submitted         that      an
effective          appreciation        of        these       considerations
necessarily requires specialized academic knowledge
in    Agricultural        Science        coupled            with       practical
exposure in the field. It was also submitted that
there are several Agricultural Universities across
the        country,          including               four        Agricultural
Universities         in   the    State          of    Gujarat,         imparting
recognized degrees in Agricultural Science.
       [




(15) Learned          Senior      Standing                 Counsel        further
submitted that Rule 8A(3)(ii) of the Rules extends
eligibility          to   certain         categories              of      retired
Government         officers,     such       as        Collectors,          Deputy
Collectors,         Settlement       Officers,              Land       Valuation
Officers,          Superintendents               of         Land        Records,
Agricultural          Officers,          Registrars                under         the
Registration          Act,      1908,       and        officers           holding
equivalent posts, provided they have rendered not
less than five years' service in such capacity.
According to the respondents, the inclusion of such
officers is founded upon their extensive practical
experience          acquired      during             the      discharge           of
official            duties       involving                  administration,
assessment,          classification                  and     valuation            of
agricultural          lands.     The        preferential               treatment



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accorded to such officers is, therefore, based upon
intelligible differentia having a direct nexus with
the object sought to be achieved.

(16) It       was     further       submitted          by    learned         Senior
Standing           Counsel     that       recognition             of      relevant
practical experience, as an alternative to formal
educational qualification, is not unique to Rule
8A(3) of the Rules, but is a consistent legislative
feature        found       throughout         Rule      8A     of      the    Rules
governing          registration         of      valuers       for        different
classes of assets. The rule-making authority has
consciously balanced academic qualifications with
specialized          field     experience            wherever          considered
appropriate.          It     was,    therefore,             argued       that     the
impugned Rule represents a well-considered policy
decision based upon expert evaluation and technical
considerations, which ordinarily ought not to be
interfered           with      in        exercise            of        the      writ
jurisdiction under Article 226 of the Constitution.

(17) Learned Senior Standing Counsel appearing for
the      respondents           further              submitted          that       the
challenge mounted by the petitioner proceeds on an
erroneous assumption that valuation of agricultural
land      merely        involves           application              of    general
valuation principles. According to the respondents,
agricultural land constitutes a distinct class of


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immovable          property    whose         value     is      intrinsically
linked       to      its    agricultural            characteristics             and
productive potential. Consequently, prescription of
specialized          educational         qualifications             cannot       be
said to be either arbitrary or irrational.

(18) Referring to the prescribed statutory format
for valuation of agricultural land, learned counsel
for the respondents submitted that the registered
valuer        is      required        to        furnish        comprehensive
particulars relating to the quality and fertility
of the soil, classification of the land in the
revenue            records,       availability             and       mode        of
irrigation,           nature      and      pattern        of     cultivation,
crops      grown,       proximity          to      villages,       towns        and
markets, availability of roads and transportation
facilities, whether the land is cultivated by the
owner       or      through       tenants,          and     other       special
features having a bearing on its valuation. The
valuer is also required to disclose the unit value
adopted and explain the methodology and basis for
determining the market value. It was, therefore,
contended           that    the      statutory            proforma        itself
demonstrates that valuation of agricultural land
necessarily           requires          specialised            knowledge         of
agricultural science and practical familiarity with
agricultural               operations.              Consequently,               the



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prescription of a degree in Agricultural Science
under Rule 8A(3) of the Rules bears a direct and
rational           nexus       with     the       object       sought         to     be
achieved           and    cannot       be      said      to     be     arbitrary,
discriminatory, or violative of Articles 14 and 19
of the Constitution.

ANALYSIS AND CONCLUSION :
(19) The petitioner is aggrieved by the order dated
26.09.2012,               whereby             his        application                for
registration as a valuer under Section 34AB of the
Act was rejected on the ground that he does not
possess the requisite qualification as prescribed
under Rule 8A(3) of the Rules. The petitioner has,
therefore, challenged the said order as well as the
constitutional validity of Rule 8A of the Rules.

(20) We may mention that the Wealth Tax Act, 1957
along      with          the    Rules       has        been     abolished           and
discontinued             from    01.04.2016.            Rule     8A(3)       of     the
Rules has been replaced by Rule 247 of the Income
Tax Rules, 2026, wherein Section 34AB of the Act
has been replaced by Section 514 of the Act, 2025.
In order to avoid further challenge to the pari
materia Rule, and in the wake of the fact that the
right of the petitioner to get himself registered
has       been           denied,         we           have     examined             the
constitutional validity of Rule 8A(3) of the Rules.



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(21) Before adverting to the rival contentions on
merits,       it    would   be    appropriate           to     examine         the
statutory scheme governing registration of valuers
under Section 34AB of the Act read with Rule 8A of
the Rules together with the object sought to be
achieved           by   prescribing              distinct       educational
qualifications for different categories of assets.

       “34AB. Registration of Values (1) The [Chief
       Commissioner or Director General) shall maintain a
       register to be called the Register of Valuers in
       which shall be entered the names and addresses of
       persons   registered  under  sub-section   (2)  as
       valuers.
       (2) Any person who possesses the qualifications
       prescribed in this behalf may apply to the [Chief
       Commissioner or Director General] in the prescribed
       form for being registered as a valuer under this
       section:
       Provided that        different qualifications may                         be
       prescribed for       valuers of different classes                         of
       assets.


       Rule 8A OF THE WEALTH TAX RULES, 1957
       [Qualifications of registered valuers].
       8A. (1) For the purposes of sub-section (2) of
       section 34AB, the qualifications for registration
       as valuers of different classes of asset shall be
       as specified in sub-rules (2) to (11).
                                  xxx xxx xxx
       (3) A valuer of agricultural lands [other than
       plantations referred to in sub-rule (4)] shall have
       the following qualifications, namely:- (i) he must
       be a graduate in agricultural science of a
       recognised university and must have worked as a
       farm valuer for a period of not less than five
       years; or



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       (ii) he must be a person formerly employed in a
       post under Government as a Collector, Deputy
       Collector,    Settlement  Officer,   Land    Valuation
       Officer,     Superintendent    of    Land     Records,
       Agricultural     Officer,   Registrar     under    the
       Registration Act, 1908 (16 of 1908), or any other
       officer of equivalent rank performing similar
       functions and must have retired or resigned from
       such employment after having rendered service in
       any one or more of the posts aforesaid for an
       aggregate period of not less than five years.”


(22) It       is    undisputed          that       the      petitioner            is      a
registered           valuer        on       the         strength           of       his
qualification of a Bachelor of Engineering (Civil)
and    is     duly    registered            as     an     Estate        Valuer         in
respect        of    immovable        properties.              The     petitioner
seeks      registration          as     a   valuer         for      agricultural
land, including coffee, tea, rubber and cardamom
plantations falling under Category-II of Rule 8A(3)
of    the     Rules.       According        to     the       petitioner,            his
qualification          in     Civil         Engineering             renders         him
equally       competent       to      undertake           the      valuation           of
agricultural land.

(23) It is further the petitioner's case that there
are only a limited number of valuers qualified to
assess the market value of agricultural land in
accordance with the qualifications prescribed under
the Rules. The petitioner is seeking a declaration
from this Court to declare Rule 8A(3) of the Rules
as    ultra        vires    of     Articles         14       and      19     of     the


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Constitution,            on     the    ground          that     it     mandates           a
qualification                 in      Agricultural               Science            for
registration             as    a    valuer       of     agricultural            land,
despite the fact that such specialized knowledge is
not indispensable for carrying out such valuation.
Furthermore, the Rule permits Collectors, Deputy
Collectors and other specified Gazetted Government
officers to be registered as valuers even though
they     are       not    required          to        possess     a    degree        in
Agricultural             Science.       The      petitioner,           therefore,
contends that the impugned Rule is arbitrary and
discriminatory                and     deserves            to      be       declared
unconstitutional.

(24) At this stage, it would be apposite to examine
Rule      8A       of     the       Rules,        which        prescribes           the
qualifications for registration as a valuer under
the    various          categories/assets               specified          therein.
The Rule has been framed in exercise of the powers
conferred under sub-section (2) of Section 34AB of
the Act.

(25) Section 34AB of the Act falls under Chapter
VII-B of the Act. Sub-section (2) of Section 34AB
of the Act governs the registration of valuers.
Proviso (ii) to sub-section (2) of Section 34AB of
the Act contemplates the prescription of distinct
qualifications for valuers of different classes of


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assets.        In   furtherance            of        the     said       legislative
intent,       Rule    8A    of       the      Rules         has     been      framed,
prescribing             separate                     qualifications                   for
registration as a valuer in respect of different
classes of assets. The relevant sub-rules of Rule
8A are summarised hereunder:

25.1      Rule      8A(2)       of      the          Rules      prescribes            the
qualifications          for      registration                as     a    valuer        of
immovable property (other than agricultural land,
plantations,         forests,            mines         and        quarries).           It
requires the applicant to possess a degree in Civil
Engineering, Architecture or Town Planning, or a
postgraduate degree in Real Estate Valuation from a
recognised University. Alternatively, a person who
has served as a Gazetted Government officer in the
prescribed capacity is also eligible.

25.2      Rule      8A(3)       of     the       Rules          prescribes            the
qualifications          for      registration                as     a    valuer        of
agricultural         land.       It     requires            the     applicant          to
hold     a     degree      in    Agricultural                 Science         from          a
recognised University and to have worked as a farm
valuer for a period of not less than five years.


25.3      Rule      8A(4)       of     the       Rules          prescribes            the
qualifications          for      registration                as     a    valuer        of
coffee, tea, rubber and cardamom plantations.


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25.4          Rule     8A(5)       of      the      Rules         prescribes            the
qualifications               for     registration              as     a    valuer        of
forests. It requires the applicant to have served
under the Government for not less than five years
in a gazetted post in the prescribed capacity.

25.5          Rule     8A(6)       of      the      Rules         prescribes            the
qualifications               for     registration              as     a    valuer        of
mines         and      quarries,          requiring          the      applicant          to
possess           a    degree      in     Mining         Engineering             from         a
recognised University.
[




25.6          Rule     8A(7)       of      the      Rules         prescribes            the
qualifications               for     registration              as     a    valuer        of
stocks, shares, debentures, securities, partnership
interests             and   business          assets.          It     requires          the
applicant             to    be   a      member          of   the      Institute          of
Chartered Accountants of India or the Institute of
Cost and Works Accountants of India.
          [




25.7          Rule     8A(8)       of      the      Rules         prescribes            the
qualifications               for     registration              as     a    valuer        of
machinery             and   plant,        requiring           the     applicant          to
possess           a    degree        in     Mechanical              or     Electrical
Engineering from a recognised University.

25.8          Rule     8A(9)       of      the      Rules         prescribes            the
qualifications               for     registration              as     a    valuer        of
jewellery. It requires the applicant to have not


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less      than      five       years'         experience                as   a     sole
proprietor          or     partner          in        a    partnership             firm
carrying on the business of jewellery.

25.9     Rule      8A(10)       of      the          Rules     prescribes            the
qualifications           for    registration                 as     a    valuer       of
works of art, whereas Rule 8A(11) of the Rules
prescribes the qualifications for registration as a
valuer of life interests, reversions and interests
in expectancy.


(26) Rule          8A(13)      of      the       Rules         provides          that,
notwithstanding anything contained in sub-rules (1)
to     (12),        no     person          shall          be        eligible         for
registration as a valuer if :


       “(a) he has been dismissed                              or    removed        from
       Government service; or

       (b) he has been convicted of an offence connected
       with any proceeding under the sub-Rule 13(b).

       (c) he is an undischarged insolvent; or

       (d) he has been convicted of any offence                                      and
       sentenced to a term of imprisonment; or

       (e) he has been found guilty of misconduct in his
       professional capacity.


       Thus, while framing Rule 8A of the Rules, the
rule-making         authority          has       consciously             prescribed
distinct qualifications for valuers of different


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classes        of        assets,        having       due     regard       to      the
expertise           required       in     the       respective         fields.          A
statutory rule cannot be declared invalid merely
because the petitioner contends that no specialised
expertise           is     necessary           for     the     valuation           of
agricultural              land     or     that       such     valuation           can
equally be undertaken by a person possessing the
petitioner's qualifications.


(27) It is also pertinent to note that Form O-2,
which prescribes the format for valuation reports
relating to agricultural land, itself demonstrates
the specialised knowledge expected of a valuer. The
Form     requires          the    valuer        to    furnish      particulars
regarding           the    nature        and    classification             of     the
land, its location in the concerned village, taluka
and    district,           its     area,        classification            in      the
revenue            records,      crops         cultivated          during         the
relevant period, and the annual land revenue, if
any.


(28) The Form further requires the valuer to assess
the special characteristics of the land, including
its quality and fertility, the mode of irrigation
(whether           through       wells,        tube-wells         or     canals),
proximity           to    villages,        towns       and      markets,          the
availability of approach roads and transportation


                                    Page 19 of 23
 C/SCA/2167/2013                                       CAV JUDGMENT DATED: 14/07/2026




facilities, whether the land is cultivated by the
owner or by tenants, and all other factors having a
bearing on its market value.


(29) In addition, the Form requires verification of
comparable sale instances, including whether the
comparable         lands     are      similarly              situated,            the
distance between the properties, the date of the
transactions, the sale consideration, and the unit
value.         Evidently,        these            parameters               require
specialised knowledge and practical experience in
agricultural valuation. It is, therefore, within
the legislative wisdom to prescribe that a valuer
of agricultural land should possess a degree in
Agricultural Science from a recognised University
and have not less than five years' experience as a
farm valuer.


(30) We find neither any ambiguity in the impugned
provision          nor     any     inconsistency                between           the
prescribed qualifications and the object sought to
be achieved under Rule 8A of the Rules. The Rule
also recognises the eligibility of former gazetted
Government         officers,     such        as    Collectors,              Deputy
Collectors,         Settlement        Officers,             Land       Valuation
Officers,          Superintendents                of        Land         Records,
Agricultural             Officers,        Registrars               under          the


                                 Page 20 of 23
 C/SCA/2167/2013                                      CAV JUDGMENT DATED: 14/07/2026




Registration          Act,       and    other       specified          officers,
provided they have rendered the requisite period of
service. Such officers, by virtue of their official
duties        extending          over       several        years,         acquire
substantial experience in matters relating to land
administration, valuation and allied subjects.


(31) The           same     legislative            approach       is      evident
throughout           Rule     8A       of    the     Rules,         where        the
qualifications prescribed for valuers of different
classes       of     assets      correspond          with     the      expertise
ordinarily acquired in the relevant profession or
public office. If the petitioner's contention were
to be accepted, the validity of the entire scheme
under      Rule      8A     of   the        Rules    would       be     rendered
vulnerable. By the same logic, the eligibility of
retired Gazetted officers, members of the Institute
of Chartered Accountants of India for valuation of
stocks, shares and business assets, or Government
engineers            and      engineering             academicians               for
valuation of machinery and plant, would also have
to   be     questioned.          Such       an     interpretation            would
defeat the very object of the Rule. It is trite
that the statute must be read as a whole and one
provision of the statute should be construed with
reference to other provisions in the same statute
so as to make a consistent enactment of the whole


                                   Page 21 of 23
 C/SCA/2167/2013                                            CAV JUDGMENT DATED: 14/07/2026




statute.            The declaration of Rule 8A(3) of the
Rules as ultra vires will have a cascading effect
on the other sub-rules under Rule 8A of the Rules
which        stipulate              different             qualifications               for
several / different categories of assets.


(32) Accordingly, Rule 8A of the Rules cannot be
struck down merely because the petitioner, though
possessing              a     degree       in       Civil       Engineering,            is
capable            of         determining                the      valuation             of
agricultural                 assets,           and         is      eligible            for
registration as a valuer in respect thereof.                                                 A
statutory           rule          cannot       be        struck     down       on      the
presumption that qualifications other than the one
mandated           by       the   Rule     can      take        care    of    a     given
situation. Equally untenable is the contention that
the    Rule        creates         a     monopoly          on    account        of     the
limited number of registered valuers in the State
of Gujarat. On the contrary, the material placed on
record by the petitioner itself indicates that he
has been engaged by various banks for the valuation
of agricultural properties, thereby negating the
plea       of           any        such         monopoly           or        practical
impossibility.


(33) Thus, on an overall analysis and examination
of the purpose and legislative intent of Rule 8A of


                                         Page 22 of 23
        C/SCA/2167/2013                                                             CAV JUDGMENT DATED: 14/07/2026




    the Rules, we refrain from declaring Rule 8A(3) of
    the Rules ultra vires Articles 14 and 19 of the
    Constitution of India.                                         The writ petition fails;
    the same is, accordingly, dismissed. There shall be
    no order as to costs.

                                                                                                     Sd/-      .
                                                                                              (A. S. SUPEHIA, J)


                                                                                            Sd/-     .
                                                                              (VAIBHAVI D. NANAVATI,J)

                                                                ***
    Bhavesh-[PPS]* - Radhika*



Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: BHAVESH PARSOTTAM KATIRA(HC00176), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/07/2026 15:09:10




                                                          Page 23 of 23


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