- (1.) Uttar Pradesh State Industrial Development Corporation (in short "U.P.S.I.D.C") is the owner of plot No. 46/1. Site - IV. Industrial Area, Sahibabad, Ghaziabad. U.P.S.I.D.C. on 28.4.2001 on the request of the Petitioner, a charitable trust, granted it a licence to construct and run a school over the aforesaid plot. Petitioner in accordance with the map sanctioned by the Ghaziabad Development Authority constructed a building and started running a school over the aforesaid land. Subsequently, U.P.S.I.D.C. executed a registered deed dated 18.2.2003 transferring the aforesaid land on lease in favour of the Petitioner. On the said lease deed Petitioner duly paid stamp duty in accordance with the provisions of the Indian Stamp Act (in short 'Act').
(2.) The aforesaid lease was subjected to determination of market value for the purposes of levying proper stamp duty and accordingly proceedings were drawn under the Act whereupon an order was passed on 15.6.2004 by the Additional Collector (Land Acquisition), Irrigation, Ghaziabad determining the market value of the property by adding the value of the building also to the value of the land and accordingly direction for payment of deficient stamp duty so determined with interest at the rate of 1.5% per month was issued. Petitioner's revision against the aforesaid order was dismissed by the Chief Controlling Revenue Authority U.P., Allahabad vide order dated 18.8.2009. Hence, Petitioner has invoked writ jurisdiction of this Court assailing the above two orders.
(3.) I have heard Sri M.K. Gupta, learned Counsel for the Petitioner and Sri Nimai Das, learned standing counsel. The affidavits exchanged between the parties have also been perused by me and with the consent of the parties the matter has been heard finally.;