Amit Gupta vs Govt. Of Nct Of Delhi & Ors on 8 April, 2016

1. We heard the senior counsel for the petitioner/applicant, counsel for

the respondents Govt. of NCT of Delhi (GNCTD) and counsel for the

respondent Municipal Corporation of Delhi (MCD) and reserved order on

19th February, 2016 with liberty to the counsels to file written submissions

within one week. No written submission has been filed.

2. The senior counsel for the petitioner/applicant:

(i) contended that the direction contained in para 22 (A) & (B) of

the final judgment dated 23rd December, 2015 to the Registrar / Sub-

CM No.3100/2016 in W.P.(C) No.3591/2014 Page 1 of 17
Registrar entrusted with the responsibility of registration of the

document to “notify the parties presenting the instrument/document

for registration that the consideration set forth in the instrument and

the stamp duty computed on the basis thereof is less than the valuation

as per the circle rates” and to “give them an opportunity to amend the

document/instrument, to bring the valuation thereof for the purpose of

payment of stamp duty, in consonance with the circle rates and make

up deficiency in stamp duty” is not sanctioned by Section 47-A of the

Indian Stamp Act, 1899 or by any other law. It is contended that

circle rates being in public domain are known to each and every

person and the directions contained in para 22(A) & (B) will delay and

complicate the process of the parties presenting the instrument /

document for registration and also add to the administrative burden of

the Registering Officer who would be required to give “notice” in all

cases of deemed undervaluation;

Source: Indian Kanoon

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