BILASPUR INFRASTRUCTURES PVT LTD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 24/3/2006 (Annexure P/1) passed by respondent No. 2/Board of Revenue, Bilaspur, whereby the appeal preferred by the petitioner has been dismissed by maintaining the order of the Collector of Stamp, Bilaspur dated 5/11/2004 (Annexure R/2).

(2.) Facts, in brief, necessary for the purposes of this petition are that the Municipal Corporation, Bilaspur (for brevity "Corporation") invited tenders for construction of Rajeev Plaza Garden and Commercial Complex known as "Rajeev Plaza" on a piece of land owned by the Corporation. The tender submitted by the petitioner for a lumpsum amount of Rs. 2,1111.00 crores as premium was accepted and an agreement dated 27/3/2003 (hereinafter referred to as "instrument") for construction of Rajeev Plaza was executed between the Corporation as owner and the petitioner as developer on 27/3/2003 vide Annexure P/3. The petitioner paid the entire amount under the agreement within the stipulated time period, and completed the construction work within the stipulated time and started making allotment of the shops to the intending lessees as per terms and conditions of the agreement.

(3.) The Collector of Stamp, Bilaspur (in short "the Collector") by issuing notice dated 31/3/2004 (Annexure P/4) alleged that the petitioner has not paid appropriate stamp duty on the agreement for construction of Rajeev Plaza and thereby, caused loss of revenue to the Government. It was further alleged that the sale deed/lease deed of shops have been executed in favour of different parties and in the aforesaid documents also, the amount of premium has not been mentioned, and by suppressing the fact, revenue loss has been caused and his act is punishable under Sec. 27 read with Sec. 64 of the Indian Stamp Act, 1899 (in short "the Act, 1899").