PRAMAN INFRASTRUCTURE PRIVATE LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India the petitioner is challenging the judgment and order confirming order dtd. 1/4/2017 in Revision Case No.72 of 2014, thereby holding that the deed of conveyance executed in favour of the petitioner was found short levied of stamp duty and directing the petitioner to pay deficit stamp duty along with penalty.

(2.) The facts and circumstance giving rise to present writ petition are as under:

(3.) By deed of conveyance dtd. 15/9/2009 executed by Geeta Dixit Shah in favour of the petitioner conveying 75% share of land and building standing on New Survey No.1/7099 corresponding to cadastral Survey No.804(part) of the Mallabar and Cumballa Hill Division admeasuring 1005.86 square metres as well as 75% share in the leasehold rights in New Survey No.4/7099 admeasuring 342.82 square metres. According to the petitioner, New Survey No.1/7099 consisted of old cessed building standing thereon and occupied by 12 tenants who were paying rent of Rs.940.00 per month to the erstwhile owner and, therefore, to the petitioner. According to the petitioner, freehold and leasehold property is situated in Coastal Regulation Zone II as per Coastal Zone Management Plan annexed by CRZ Notifications dtd. 19/2/1991 and 25/1/1999.