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2022 DIGILAW 2675 (MAD)

Gulf Oil Lubricants India Limited, Rep by its Deputy General Manager-Commercial, R. Muthukumar, Hyderabad v. Chief Controlling Revenue Authority/ Inspector General of Registration, Chennai

2022-08-12

P.T.ASHA

body2022
JUDGMENT (Prayer: Civil Miscellaneous Appeal filed under Section 47-A (10) of the Indian Stamp Act, 1899 praying to set aside the impugned order dated 29.07.2016 passed by the 1st respondent consequently directing the respondents to refund the entire differential value of deficit stamp duty and deficit registration fees paid by the appellant on 08.08.2016.) 1. The above appeal has been filed by the appellant, challenging the enhancing of the stamp duty by the respondents herein. 2. The bare minimum details of issue on hand are as follows: The appellant has purchased an immovable property under a Deed of Sale dated 29.01.2015 registered as Document No.595 of 2015. The total extent of land purchased was 15.03 acres along with a lay bay shed of 1260 sq.ft. The market value as set out in the document was a sum of Rs. 33,81,75,000/- calculated at the rate of Rs.513/- per sq.ft. The appellant had also paid a stamp duty of Rs.2,36,72,300/-. 3. The case of the appellant is that the entire extent of land measuring 15.03 acres cannot be put to use for development and only an extent of 7.33 acres, which constitutes 49% of the schedule property, can be commercially exploited. The major chunk of the land is within the CRZ Zone, where no development can take place and further, a large extent be left for approach to 7.33 acres. That apart, the appellant has set out the following defects/short comings of the land: a) The shape of the land is octagonal; b) The level of the property measuring 40 cms below the level of the Kathivakkam High Road. c) The Non-Usable ground water, soil pollution on account of the prior industrial use, existence of high tension cables running over the property, proximity to burial ground etc., would ensure that the market value would continue at a lower rate. 4. However, it appears that on the reference by the Sub Registrar, Thirutottiyur to the District Collector for determination of the market value under Section 47A, a Field Report had been submitted fixing the market value at Rs.1,000/- per sq.ft.. However, the District Revenue Officer fixed the market value at Rs.1,100/- per sq.ft. It is the contention of the appellant that the present market value is only Rs.1,005/- per sq.ft. 5. However, the District Revenue Officer fixed the market value at Rs.1,100/- per sq.ft. It is the contention of the appellant that the present market value is only Rs.1,005/- per sq.ft. 5. Therefore, this Court had suggested to the appellant if they were ready to pay the Stamp Duty as per the rate of Rs.1,000/- per sq.ft. The learned counsel for the appellant had agreed to put across the contention to their client and revert. 6. When the matter was listed for hearing, a Memo dated 12.08.2022 has been filed by the learned counsel for the appellant stating that the appellant is ready to pay the stamp duty at Rs.1,000/- per sq.ft, considering the fact that the guideline value now fixed is Rs.1,000/- per sq.ft. 7. The learned Special Government Pleader had no instructions on the suggestion. 8. However, I have taken into consideration the fact that admittedly, only a small area, i.e., 49% of the land can be used for commercial exploitation and the remaining area cannot be so developed as it comes within the CRZ Zone and further another portion of the land has to be set aside to be used an approach road. Since the market value as prevailing now is Rs.1,005/- per sq.ft. ends of justice would be sub-served, if the value is fixed at Rs.1,000/- per sq.ft. 9. Accordingly, the Civil Miscellaneous Appeal is disposed of, fixing the market value at Rs.1,000/- per sq.ft. It is informed that the entire stamp duty has been deposited by the second respondent before the filing of this Civil Miscellaneous Appeal. The amount now directed to be payable shall be paid to the respondents and the remaining amount can be withdrawn by the appellant. No costs.