Court No. - 33 Case :- WRIT - C No. - 39285 of 2010 Petitioner :- M/S Astha Motors Private Ltd. Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Manish Goyal Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Submission of Sri Manish Goyal, learned counsel for the petitioner is that
without recording any finding with regard to the nature of the land simply in
view of the fact that the land is within 30 metres of the road, circle rate of
Rs.6,000/- has been applied for determining the market value. It is further
submitted that the application of circle rate for determining market value is
not proper and the market value ought to have been determined by applying
the general principles as are applicable for determining market value under
the provisions of Land Acquisition Act.
Learned Standing counsel prays for and is allowed six weeks’ to file counter
affidavit. Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List thereafter.
Until further orders of this Court, the operation of the order dated 06.07.2004
and the appellate order dated 19.4.2010 shall remain stayed provided the
petitioner deposits half of deficient stamp duty so determined within a period
of one month from today which shall be kept in a separate account and
invested in a fixed deposit with a nationalized bank initially for a period of
one year subject to renewal, if necessary. Any amount of stamp duty already
deposited by the petitioner shall be given adjustment.
In the event of default in depositing the deficient stamp duty within the time
stipulated, the stay order shall automatically come to an end.
Order Date :- 9.7.2010
piyush