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2003 Supreme(All) 1683

M.KATJU, R.S.TRIPATHI
AGRA CITY REAL ESTATE DEVELOPMENT ORGANISATION – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Dilip Gupta

M. KATJU, J.

( 1 ) THIS writ petition has been filed for quashing Rule 5 (c) (ii) of the U. P. Stamp (Valuation of property) Rules, 1997, framed by the State of U. P. and for a mandamus directing the State government not to determine the minimum value of commercial buildings on the basis of the aforesaid rule.

( 2 ) HEARD learned counsel for the parties.

( 3 ) THE petitioner is a society registered under the Societies Registration Act and has twenty members engaged in development, construction and sale of real estate at Agra including commercial property.

( 4 ) COPY of U. P. Stamp (Valuation of Property) Rules, 1997, has been annexed as Annexure-2 to the writ petition. The impugned Rule 5 (c) (ii) states :

"5. Calculation of minimum value of land, grove, garden and building.--For the purposes of payment of stamp duty, the minimum value of immovable property forming the subject of an instrument shall be deemed to be such as may be arrived at as follows : (c) In case of buildings : (ii) Commercial building.--Minimum value of land whether covered by the construction or not which is subject-matter of the Instrument, as worked out under Clause (a) plus three hundred times the minimum mon

























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