Authority: High Court of Judicature at Bombay
Order Date: 31 August 2026
Case Overview
- Petitioners: Transcon Sheth Creators Private Limited & Anr.
- Respondents: State of Maharashtra & Anr.
- Petition filed under Articles 226 and 227 challenging the Chief Controlling Revenue Authority’s order dated 15 September 2015 which revised the market value of a conveyance dated 9 May 2007 from Rs 12 crore (as adjudicated by the Collector of Stamps) to Rs 52.61 crore and demanded deficit stamp duty of Rs 2.03 crore plus penalty.
- The dispute arose from valuation reports dated 17 Jan 2009, 12 Sep 2013 and 6 Dec 2014, which the petitioners argued ignored pending litigations (≈45‑47 suits), encumbrances, an injunction on Plot 10, and the “as‑is‑where‑is” condition of the property at the time of conveyance.
- Petitioners contended that Section 53A of the Maharashtra Stamp Act limits revisional power to six years from the Collector’s certificate (27 July 2007), making the 2015 order time‑barred, and that stamp duty must be based on market value at the date of execution, not on prospective redevelopment benefits.
- Respondents argued that the authority acted within its powers under Section 53A, had given hearings, and that the valuation complied with Rules 3 and 6 of the Maharashtra Stamp (Determination of True Market Value) Rules, 1995.
Final Outcome
- The Court allowed the writ petition.
- The impugned order dated 15 September 2015 is quashed and set aside.
- The original adjudicated market value of Rs 12 crore and stamp duty of Rs 60 lakhs are restored.
- The demand of Rs 2.03 crore deficit stamp duty is rejected.
- The question of limitation under Section 53A is left open for determination by a larger bench.
- No order as to costs; pending interlocutory applications are deemed infructuous.
- Petitioners may withdraw the amount deposited in the Court on 27 October 2015, together with any accrued interest, upon verification.
Topics: Stamp Duty, Valuation Dispute