Court No. - 33 Case :- WRIT - C No. - 40847 of 2010 Petitioner :- M/S Y.T.C. Infrastructure And Developers Pvt. Ltd. Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashish Agrawal Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Learned counsel for the petitioner is permitted to file the certified copy of the
order dated 10.11.2009 within a month.
Heard Sri Ashish Agrawal, learned counsel for the petitioner and learned
Standing counsel.
The sale deed on registration was referred under Section 47A of the Indian
Stamp Act for determination of the market value. The market value has been
determined under the impugned orders on the basis of its potentiality by
treating it to be non-agricultural in nature.
Submission of the learned counsel for the petitioner is that the land in dispute
is recorded as agricultural land and there is no declaration so far under Section
143 of the U.P.Z.A. & L.R. Act and therefore, the authorities erred in taking
the potential value and applying the non-agricultural circle rate notified by the
Collector.
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 orders dated 10.11.2009
and 01.7.2010 shall remain stayed provided the petitioner deposits half of the
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 :- 16.7.2010
piyush