Bombay High Court
Mumbai Shelter Housing Development ... vs The State Of Maharashtra Through Its ... on 10 May, 2024
Author: Sandeep V. Marne
Bench: Sandeep V. Marne
2024:BHC-OS:7908
Neeta Sawant 912-WP(L)-15100-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODG.) NO. 15100 OF 2024
Mumbai Shelter Housing Development
Pvt. Ltd. } ..Petitioner
: Versus :
The State of Maharashtra, through its
Secretary Department } ..Respondent
___________________________________________________
Mr. S.R. Nargolkar with Mr. Arjun Kadam, for the Petitioner.
Mr. Mohit Jadhav, Additional Government Pleader with Mr. Himanshu B.
Takke, AGP for State-Respondent Nos.1 to 5.
CORAM : SANDEEP V. MARNE, J.
Dated : 10 May 2024.
P.C. :
1) By this petition, Petitioners challenge Order dated 28 March 2024
passed by the Chief Controlling Revenue Authority (CCRA), Maharashtra State, Pune determining the market value of the property at Rs.9,38,96,500/- and adjudicating the stamp duty payable at Rs.46,94,825/-. Petitioner has accordingly been directed to pay defcit stamp duty of Rs.35,49,955/-.
2) I have gone through the reply-cum-written submissions fled by the Petitioners on 26 August 2023. It appears that one of the grounds raised _____Page No. 1 of 2____ 10 May 2024 ::: Uploaded on - 10/05/2024 ::: Downloaded on - 30/05/2024 19:21:47 ::: Neeta Sawant 912-WP(L)-15100-2024.docx by the Petitioners before the CCRA was cancellation of the Development Agreement vide Cancellation Deed dated 23 March 2021. Additionally, various other pleas are raised in the reply/written submissions. However, perusal of the order passed by the CCRA would indicate that the points raised in the reply/written submissions by the Petitioner are not taken into consideration in any manner. In my view, therefore the impugned order passed by the CCRA sufers from the vice of non-application of mind. In that view of the matter, instead of this Court determining the correctness of various defences raised by the Petitioner, it is appropriate that CCRA applies its mind to the said defences and passes a reasoned order after grant of opportunity of hearing to the Petitioner.
3) Accordingly, the Order dated 28 March 2024 passed by the CCRA is set aside and the proceedings stand remanded on the fle of CCRA to be decided afresh after grant of hearing to the Petitioner. The Petitioner would be at liberty to fle additional Written Statement before the CCRA. Petitioners shall present themselves before the CCRA on 25 June 2024 and obtain further directions. It shall not be necessary for the CCRA to issue any notice to the Petitioners. All contentions of the parties on merits are kept open. The Writ Petition is accordingly disposed of.
[SANDEEP V. MARNE, J.] _____Page No. 2 of 2____ 10 May 2024 ::: Uploaded on - 10/05/2024 ::: Downloaded on - 30/05/2024 19:21:47 :::