GOISU REALTY PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Respondents waive service. With the consent of parties, rule made returnable forthwith and heard finally.

(2.) By this Writ Petition, the Petitioner seeks to challenge the order dated 13th August, 2020 (for short the "impugned order"), passed by Respondent No.3 (Collector of Stamps, Andheri). The impugned order has sought to stamp an instrument of Lease dated 9th June, 2020 (for short the "said Lease Deed"), executed between the Petitioner and the Mumbai Metropolitan Region Development Authority (for short "MMRDA") in the same manner as an instrument of conveyance. The Lease was in respect of plot No.C-65, admeasuring 12,486 sq. mtrs., bearing CTS No.4207/C/65, situated at Village Kolekalyan, Taluka Andheri, Mumbai Suburban District (for short the "said property") owned by the MMRDA. This Lease was for a period of 80 years commencing from 9th June, 2020. It is the contention of the Petitioner that the impugned order is ex-facie and patently illegal and is a result of complete non-application of mind and is, therefore, liable to be set aside.

(3.) The Petitioner is a company incorporated under the Companies Act, 2013 and is engaged in the business of real estate development. Respondent No.1 is the State of Maharashtra and Respondent No.2 is the Inspector General of Registration and Controller of Stamps and the Chief Revenue Controlling Authority appointed under the Maharashtra Stamp Act, 1958 (for short the "Stamp Act"). Respondent No.3 is the Collector of Stamps, Andheri, who has passed the impugned order and Respondent No.4 is the Joint Sub-Registrar, within whose jurisdiction the aforesaid Lease Deed dated 9th June, 2020 is required to be registered under the provisions of the Registration Act, 1908.