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2020 Supreme(Bom) 602

AVINASH G.GHAROTE
Ambuja Cements Limited, Maharashtra – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
C.S. Kaptan, Advocate, Akshay Naik, Advocate, M.G. Bhangde, Advocate, Geeta Tiwari, Advocate

JUDGMENT

Avinash G Gharote, J. - I, had heard learned Senior Counsels for the respective parties at length and had closed the matter for judgment, whereupon the Counsel for parties having expressed their intention to file written notes of arguments in support of the oral submissions advanced the matter was kept for that purpose. Accordingly the respondents 1 to 3, have filed their written notes of arguments on 18/3/2020 and the petitioner has filed the same on 30/3/2020.

    2. Certain events being material and admitted they are stated as under :

      (a) On 19/01/2004 an application for renewal of a mining lease of land admeasuring 579.90 hectares, situate in Rajura Tehsil, granted for the purpose of extraction of major mineral (lime stone) was made by the petitioner to the State.

        (b) On 14/9/2009 the Government of Maharashtra granted renewal of the lease w.e.f. 31/12/2004 for 20 years to the petitioner.

          (c) On 24/12/2009 an application was made by the petitioner to R2/Collector u/s 31 of Bombay Stamp Act for adjudication of the proper stamp duty payable upon the lease.

            (d) On 30/1/2010 an order of adjudication was passed by the respondent no.2/Collector, whereby the proper stamp duty payab

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