VidhiSangh

Supreme Court of India · 17/09/2020

M/S. MSD REAL ESTATE LLP versus THE COLLECTOR OF STAMPS & ANR.

[2020] 6 S.C.R. 1027 · 2020 INSC 554

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Summary

The Court declined interference with recovery of an outstanding stamp penalty from a subsequent property purchaser, while directing the parties to follow the same-day companion judgment reducing the penalty by half. Submission of post-dated cheques did not constitute an approved substitute for depositing the amount. The purchaser could seek reconsideration of building permission after payment. Later municipal and revenue actions were outside the original writ dispute and left open to separate lawful remedies.

Issues

  1. Whether post-dated cheques defeated recovery of the outstanding stamp penalty.
  2. What effect the companion reduction of penalty had on recovery and building permission.
  3. Whether subsequent notices could be adjudicated in the pending appeal.

Held

Result

Appeal disposed of. Parties to comply with the companion reduction of penalty; purchaser may seek building permission reconsideration. Challenges to subsequent actions left to separate permissible remedies.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 1027.