WP NO.791 OF 2012
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
BANGABHUMI HOUSING PVT LTD & ANR
THE STATE OF WEST BENGAL & ORS
The Hon'ble JUSTICE DIPANKAR DATTA
Date : 19th October, 2012.
Mr.S.N.Mitra, Sr.Advocate, Mr.Shymal Sarker, Mr.Kumar Gupta, Advocates for petitioners Mr.Kishore Dutta, advocate for State
Mr.Rajeev Kr.Jain, Mr.Saunak Sengupta,
Mr.Rahul Ginodia, Advocates for
Mrs.Jayeeta Singha Roy
The Court : The petitioners intended to purchase the property at 119, Park Street, Kolkata (hereafter the property). An agreement for sale dated 12th May, 2010 was executed by the owners of the property, namely, Smt.Shima Ghosh, Mr.Jyotirmoy Ghosh, Mr.Avijit Ghosh, Mr.Surajit Ghosh and Mrs.Jayeeta Singha Roy. The shares of the respective owners are indicated in clause A (ix) of the agreement. On the date the agreement of sale was executed, the market value of the property was assessed at Rs.30,34,21,962.00. On the basis of such assessment of market value, stamp duty in a sum of Rs.2,12,39,548.00 was assessed and was duly paid on 13th May, 2010 by the petitioner. It was at this stage that certain disputes and differences cropped up between the petitioners and Mrs.Jayeeta Singha Roy. It is reported that the same have been referred to arbitration and an arbitral tribunal is in seisin thereof. 2
A deed of conveyance executed in favour of the petitioners by the remaining four owners of the property, seeking to transfer their 50% share in the property, was proposed to be presented before the Registrar of Assurances. Market Value/Chargeability Assessment Slip dated 30th August, 2012 was generated in respect of the proposed deed. The said slip reveals that market value of 50% of the undivided share in the property has been assessed at Rs.31,63,55,481.00 and the petitioners have been assessed to stamp duty in a sum of Rs.2,21,44,828.00. The aforesaid assessment is the subject matter of challenge in this writ petition. According to the petitioners, the market value of the property having been assessed on the date the agreement of sale was executed, a fresh market value could not have been assessed on the proposed deed.
The issue requires consideration. Since today is the last day before the annual vacation, I propose to hear the writ petition finally one week after the reopening.
Mr.Dutta, learned advocate for the State submits that it shall not use any affidavit-in-opposition since a pure question of law is involved.
Turning to the point of grant of interim relief claimed by the petitioner, it is observed that market value of 50% of the undivided share in the property has been assessed at Rs.31,63,55,481.00 and the petitioners are liable to pay stamp duty in a sum of Rs.2,21,44,828.00. Admittedly, stamp duty to the extent of Rs.2,12,39,548.00 has been paid by the petitioners on 13th May, 2010. The petitioners undertake to pay the difference amounting to 3
Rs.9,05,280.00, without prejudice to their rights and contentions in this petition.
It is made clear that in the event such payment of Rs.9,05,280.00 is made by the petitioners, the Registrar shall proceed to register the deed but shall not deliver the same to the petitioners until further orders are passed by this court. It is recorded that notice was directed to be served on Mrs.Jayeeta Singha Roy and upon service of such notice, she is represented by Mr. Rajeev Kumar Jain, her learned advocate. He does not have any objection to the arrangement proposed above. Put up the writ petition for hearing on 26th November, 2012.
Mr.Ayan Banerjee, learned advocate appearing for the State respondents is appointed Special Officer in terms of prayer ( i ) of the writ petition. The presentation of the deed and the registration thereof shall be held under his supervision. The Registrar, after the formalities indicated above are complied with, shall inform the petitioners as well as the Special Officer the probable date on which they shall present themselves before him to complete the rest formalities.
Mr.Ayan Banerjee, the Special Officer shall be entitled to a remuneration of Rs.20,000/- to be borne by the petitioners. Special Officer and all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (DIPANKAR DATTA, J.)