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SCA/6647/2008 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6647 of 2008
=========================================================
KUTCH
CONSTRUCTION INDUSTRIES & REHABILITATION FEDERATION & 43 -
Petitioner(s)
Versus
STATE
FO GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
GIRISH PATEL SR ADV with MR SHALIN N MEHTA for
Petitioners:1-44
MS SANGEETA VISHEN AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/09/2008
ORAL
ORDER
Learned
counsel for the petitioners submits that there is no statutory force
of the Jantri (Statement of Determination of Market Value), 2008. The
above `Jantri’ is prepared by the respondent on the basis of
executive instructions and there is no rational or justification for
the same.
Learned
counsel for the petitioners further contends that reliance is placed
on `Jantri’ and procedure envisaged in Chapter III of the Bombay
Stamp Act and specifically under Sections 31, 32 and 32A coupled with
Rules 3, 4 and 8 of Bombay Stamp (Determination of Market Value of
Property) Rules, 1984 is not followed and determination of Stamp duty
by the respondents is without application of mind and dehors the
above provisions.
Learned
AGP seeks time on the ground that learned Advocate General is
appearing in this matter and he is busy before another Court.
However,
learned AGP, disputes that the respondents did not follow the
procedure as envisaged under the Act.
Having
heard learned counsel for the parties and considering the subject
matter, nature of pleadings and prayers, Rule
returnable on 14.10.2008.
Notice
as to interim relief returnable on 14.10.2008.
Ms.Sangeeta
Vishen, learned AGP, waives service of notice of rule for
respondents.
(ANANT S. DAVE, J.)
*pvv
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