BRILLIANT ESTATE LTD. Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dtd. 11/9/2023 passed by the respondent- Indore Development Authority (hereinafter to be referred to as "(IDA)"); whereby, the petitioner company has been directed by the IDA to pay in all 6% transfer fee for mutation, as according to the respondent the petitioner Company was initially known as Ubiquity Digital Card Systems Ltd (hereinafter to be referred to as "UDCS") and its name was changed to Brilliant Spaces Ltd., and thereafter this company has also been amalgamated into Brilliant Estates Ltd. Thus, on these two counts of transfer, 6% fees has been charged.

(2.) In brief, the facts of the case are that Plot No.9 situated at Scheme No.78 Indore admeasuring 6678 Sq. meters was allotted to the petitioner by the auction process by the respondent. Initially, it was allotted to "UDCS" and after payment of requisite dues including the rent and premium amount of Rs.4,20,71,400.00, registered lease deed was executed by the IDA in favour of UDCS on 28/3/2012, for a period of 30 years. Subsequently, on 26/5/2016, the name of the aforesaid company UDCS was changed to Brilliant Spaces Ltd, and subsequent to that on 10/4/2023, Brilliant Spaces Ltd was amalgamated into Brilliant Estates Ltd., which was the parent company. On account of the aforesaid change in the name of the company, an application for mutation was filed on 2/8/2023 which has led the respondent to pass the impugned order dtd. 11/9/2023, directing the petitioner to pay the total fee of 6% of the existent guideline plus 18% GST and additional charges.

(3.) Counsel for the petitioner has submitted that the respondent have relied upon a resolution No.74 dtd. 28/5/2016; whereby, it has been resolved that in respect of change in the name of company, for any lease deed executed in favour of the said company 3% charges on the applicable guideline value shall be charged.