Punjab and Haryana HC calls for explanation on notice seeking recovery of ‘deficient stamp duty’

Saurabh Malik
Tribune News Service
Chandigarh, December 24

An officer who issued stamp duty recovery notice to landowners has virtually landed himself in a dock.

The Punjab and Haryana High Court has asked the officer to file his “personal” affidavit explaining how he initiated the proceedings for recovery of alleged deficient stamp duty.

This was despite the fact that exemption from stamp duty was duly mentioned in the sale deed itself.

Justice Rajbir Sehrawat also directed that the proceedings against the petitioners, pursuant to the impugned order, would remain stayed. Issuing notice of motion to the respondents for April 20 next year, Justice Sehrawat made it clear that the order would remain in force till next date of hearing “only”.

The notice issued by the Bench was accepted by Haryana Deputy Advocate-General Harish Rathee on behalf of the respondents.

He also sought time from the Bench to file a written statement in the matter. The issue was brought to the High Court’s notice after a petition was filed against the State of Haryana and other respondents by Balwan and other landowners through counsel Shivansh Malik.

After going through the documents and hearing Malik, Justice Sehrawat added that the certificates regarding exemption from stamp duty had also been issued by the District Revenue Officer and the competent authority under the Land Acquisition Act.

Appearing before the Bench, Malik submitted the letters issued by Rohtak collector-cum-sub divisional officer were arbitrary, illegal, discriminatory and liable to be set aside.

Elaborating, Malik contended the petitioners were granted an incentive to purchase a chunk of land within two years of acquisition of their land of Kherari village in Rohtak district to avail the benefits of certain policies duly approved by the council of ministers and published in the gazette of Haryana.

As such, it attained a statutory character. But the respondent attempted to take away the rights granted to the petitioners vide the policy through a simple letter.

“The act of the respondent is wholly arbitrary as a statutory right granted to the petitioners by the Government of Haryana cannot be taken away through a letter which is in the nature of an executive order,” Malik added.