GODWIN CONSTRUCTION PVT. LTD. Vs. COMMISSIONER, MEERUT

JUDGEMENT

(1.) Leave granted in SLP (Civil) No.36434 of 2014.

(2.) Civil Appeal No.7661 of 2014 calls in question the impugned order dtd. 22/1/2013 passed by the High Court of Judicature at Allahabad in Writ Petition No. 31966/2012, whereby the High Court dismissed the writ petition filed by the appellant, affirming the order dtd. 11/6/2012 passed by respondent No.1, which in turn affirmed the order dtd. 15/9/2010 passed by respondent No.2, directing the appellant to pay Rs.4,61,760.00 (Rupees Four Lakh Sixty-one Thousand Seven Hundred and Sixty) as deficient stamp duty under Article 40(b) of Schedule 1-B of the Stamp Act, together with penalty of Rs.100.00 along with interest at the rate of 1.5% per month from the date of execution of the instrument till recovery.

(3.) On 18/12/2006, the Meerut Development Authority allowed the appellant to develop a colony known as "Global City, Abdullahpur, Meerut". On 19/12/2006, the appellant executed a "Security Bond cum Mortgage Deed" in favour of the Meerut Development Authority under Article 57 of Schedule 1-B of the Indian Stamp Act, 1899 to secure performance of all obligations relating to the development of the colony, including payment of external development charges and provision of requisite amenities. The appellant mortgaged specified plots of land under the deed, totalling 2,934.45 square meters.