JUDGMENT - VAZIFDAR S.J., J.:—The petition is filed for a writ of certiorari to quash and set aside the order dated 30th September, 2002 passed by respondent No. 1 confirming an order dated 21-5-02 passed by the Superintendent of Stamps.

2. The petitioner submitted in the office of the Superintendent of Stamps, Mumbai on 30th March, 1999, under the New Amnesty Scheme declared by the State Government on 26th September, 1998, a document for payment of proper stamp duty. The document referred to was executed on a non-judicial Stamp paper of Rs. 20/- only. The Superintendent of Stamps by an order dated 21-5-02 concluded that the document was a partnership deed attracting stamp duty under Articles 47(1)(b) and 47(1)(c) of Schedule I of the Bombay stamp Act, 1958 (hereinafter referred to as the said Act). The duty was assessed at Rs. 12,51,650/- alongwith a fine of Rs. 300/- and subject to the conditions laid down in the Amnesty Scheme. The petitioner preferred an Appeal against the said order before the first respondent. As stated above, the first respondent confirmed the order of the Superintendent of Stamps.

3. Before referring to the document, it is necessary to set out the Articles in Schedule I to the said Act. They are Articles 47(1)(b) and (c) and 5(ga):

"47. PARTNERSHIP-

(1) Instrument of partnership

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1 2

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(a) ...................................... .............................

...................................... .............................

(b) where such contribution Five hundred rupees,

(brought in by way of cash) subject to maximum

is in excess of rupees 50,000, duty of rupees five

for every rupees 50,000 thousand.

or part thereof.

(c) where such share contribu- The same duty as is

tion is brought in by way of leviable on a conveyance

property excluding cash. under Clauses (a), (b), (c) or

(d) as the case may be, of

Article 25, on the market

value of property."

"5. AGREEMENT OR ITS RECORDS

OR MEMORANDUM OF AN AGREEMENT;

(ga) if relating to giving authority or Five rupees for every five

power to a promoter or a develo- hundred rupees or part

per, by whatever name called, thereof of the market value

for construction on, development of the property."

of or, sale or transfer (in any

manner whatsoever) of, any

immovable property.

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4. The document in question is titled as a joint venture Agreement. It is entered into between the petitioner and one Pushpaben Rasiklal Parikh and Rasiklal Manilal Parikh (HUF) on behalf of himself and as the karta of the HUF. For convenience, I will refer to them as the owners and I will refer to the petitioner as petitioner or the developer.

5. The owners own inter alia a large property, of which only a part viz. 726 sq. mtrs. is the subject-matter of the said agreement. The parties to the agreement agreed to develop the land jointly with the benefits available and as sanctioned by the Municipal Corporation.

6. The petitioner has contended that the agreement is a development agreement and not a partnership agreement. The main question that falls for consideration is whether the agreement, whatever the parties may have described it as, constituted a partnership between the owners and the petitioner/developer. It is necessary therefore to refer to the relevant clauses of the agreement which are as follows :

"12. The objects of the Joint Venture shall be to develop the said property along with the balance TDR available and as per the permissions and sanctions, NOC etc. Which are granted and Which may be hereafter be granted by the authorities concerned including the Competent Authority under the provisions of Urban Land (Ceiling and Regulatio

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