MGM CHARITABLE TRUST Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) The appellant-Trust is the absolute owner of the property bearing R.S. No.1118/18 of Block No.23, Mylapore Village, Mylapore, Triplicane Taluk, bearing Old Door No.88, New Door No.108, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004. The appellant wanted to develop the property and submitted a proposal for Basement + Stilt + 4 Floors in the said property for the purpose of office building. To comply with the rules and regulations, the appellant, in the interest of the public, has agreed to transfer the Street Alignment, Notified by the Chennai Metropolitan Development Authority "in lieu of Transfer of Development Rights applicable under the Development Regulation" No. 9 r/w. Annexure XXI of the Development Regulation forming part of the Second Master Plan for the Chennai Metropolitan Area and prepared under the Tamil Nadu Town and Country Planning Act, 1971 through a Gift Deed in favour of the Chennai Metropolitan Development Authority, the third respondent herein and all the parties agreed for the same. Accordingly, the appellant had executed a Gift Deed dated 05.07.2013 bearing Document No.2421 of 2013 on the file of the SRO Mylapore, Chennai, in favour of Chennai Metropolitan Development Authority.

(2.) After the execution of Gift Deed, the District Registrar, Chennai Central (Administration) by show cause notice dated 24.11.2014 held that the exemption from stamp duty available for the aforesaid Gift Deed through G.O. Ms.No.486/97 CT and RE dated 05.11.1997 cannot be granted on the ground that there is a consideration in favour of the appellant as the appellant is getting the Transfer of Development Rights. The said proceedings were challenged before the second respondent. Thereafter, final order was passed on 12.12.2014 denying exemption under the G.O. and sought for a sum of Rs. 9,98,020/- as deficit stamp duty. The said order passed by the second respondent dated 12.12.2014 has been challenged before the first respondent. The first respondent, by order dated 08.04.2015, dismissed the appeal and called upon the appellant to pay the stamp duty. The said order is being challenged before this Court.

(3.) Heard Mr.P. Chandrasekaran, learned counsel appearing for the appellant, Mr.A. Dev Narendran, learned Government Advocate appearing for respondents 1 and 2 and Mr.C. Johnson, learned counsel appearing for the third respondent.