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2024 Supreme(Bom) 408

SANDEEP V. MARNE
Crystal Construction Company – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Chetan Kapadia, Senior Advocate a/w. Mr. Shadab Jan, Mr. Levi Rubens, Mr. Yohaan Rubens, Ms. Christine Rewrie, Ms. Tinaz Kapadia & Ms. Unnati Bane i/b. L. R. & Associates
For the Respondent: Mr. Himanshu B. Takke, AGP a/w. Mr. Manish Upadhye, AGP

JUDGMENT:

1. Rule. Rule is made returnable forthwith. With the consent of learned counsel appearing for the parties, petition is taken up for final hearing and disposal.

2. Petitioner has filed this petition taking an exception to the Order dated 16 September 2021 passed by Collector of Stamps, Andheri adjudicating the stamp duty leviable on Deed of Conveyance executed in Petitioner’s favour at Rs. 1,97,95,100/- by fixing the market value of the property at Rs. 41,69,02,000/-. Earlier, the Collector had passed order dated 16 March 2017 fixing the market value of the land at Rs. 30,55,88,000/- and had demanded stamp duty of Rs. 1,52,77,900/-. Petitioner filed Writ Petition No.714 of 2018 challenging order dated 16 March 2017. The issue before this Court in that Petition was about applicability of Proviso to sub-Rule 6 of Rule 4 of the Maharashtra Stamp (Determination of True Market Value of Property) Rules 1995 (Maharashtra Stamp Rules, 1995) under which, pre-determined value in a sale conducted by the Government or Semi Government body or Government Undertakings or a Local Authority is required to be treated as true market value of the property for levy of stamp duty. This Court held

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