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2005 Supreme(All) 175

VINEET SARAN
Som Dutt Builders Limited – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
K.N.TRIPATHI, Lalji Sinha, S.P.GUPTA, SANJAY GOSWAMI, V.K.SINGH,

( 1 ) A Nazul plot No. 10, Block 15, Civil Lines, Kanpur measuring 6910 Sq. meters had been put to auction by the kanpur Development Authority on 28-4-1987. The bid of the petitioner for Rs. 6. 10 crores was highest and had been accepted. Thereafter an agreement was executed between the petitioner and kanpur Development Authority on 11-6-1987. The said document was executed on a stamp paper of Rs. 7/- only. After seven years, in October, 1994 Kanpur Development Authority sent a complaint to Additional District Magistrate (Finance and Revenue), Kanpur nagar (A. D. M. (F. and R.)) Respondent No. 3, along with a photo copy of the agreement dated 11-6-1987 stating that the said document had been under-stamped and proceedings may be initiated against the petitioner under the provisions of Indian Stamps Act for not paying appropriate stamp duty. In response, on 31-10-1994 the Respondent no. 3 A. D. M. (F. and R.) wrote to the Kanpur development Authority and summoned the original agreement dated 11-6-1987. On 1-11-1994 the Vice-Chairman, kanpur Development Authority supplied the agreement to the Respondent No. 3, which, the petitioner contends, was not the original but merely a photocopy

























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