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2021 Supreme(Bom) 452

K.K.TATED, R.I.CHAGLA
Macrotech Developers Ltd. , Mumbai – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Amogh Singh with Jeet Gandhi instructed by D.P. Singh.
For the State : P.P. Kakade, Government Pleader with K.S. Thorat AGP.

ORDER :

R.I. CHAGLA, J.

Rule. Rule made returnable forthwith. Heard by consent.

2. The petitioners have filed this Petition under Article 226 of the Constitution of India seeking directions against the respondents to grant the petitioners the benefit of the Government Order dated 29th August, 2020 in payment of stamp duty in addition to the concession in stamp duty provided for in the Regulations for development of Integrated Township Project (for short “the said ITP Regulation”) which Regulations, appended to the Government Notification dated 8th March, 2019, have been framed by the Government exercising powers under section 37(1AA) (c) of the Maharashtra Regional and Town Planning Act, 1966 (for short “MR and TP”).

3. The petitioners are engaged in the business of real estate and carry out development of various projects at Mumbai, Thane, Kalyan and Bhiwandi including the lands that have been notified as the Integrated Township Projects (ITPs) situated at Kalyan and Bhiwandi. The respondent No. 1 is the State of Maharashtra through the Secretary, Department of Revenue and Forest.

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