Apex court rejects Noida flat owners’ plea on stamp duty

July 27th, 2011 - 11:59 pm ICT by IANS  

New Delhi, July 27 (IANS) The Supreme Court Wednesday ruled that flat owners in cooperative group housing societies in Noida will have to get their houses registered at the current stamp duty rates. The court dismissed a petition filed by some resident welfare associations.

Army Welfare Housing Organisation, Kendriya Vihar Residents Welfare Association, Swarn Jayanti Rail Nagar Flats Owners Association and others had challenged the Noida authority’s order that the flat owners pay the stamp duty at current rates.

The court said that the stamp duty was always charged at the rate prevailing on the date on which a property was sought to be registered.

The apex court bench of Justice Dalveer Bhandari and Justice H.S. Bedi, however, extended the time for the registration of the flats by another six months for those who had not done it so far.

The petitioner societies had filed a contempt petition, contending that they could not be forced to pay stamp duty at the current rate and by insisting on it (current rate) Noida authority was committing contempt of court.

“We find no merit in the contempt petition and the interlocutory applications. Accordingly, the contempt petition as well as all the interlocutory applications on board are dismissed. However, the time for executing the tripartite agreement (involving flat owner, housing society and registring authority) is extended by six months from today,” the court’s order read.

The court asked counsel for the Noida authority if it could change the date of registration or reduce the stamp duty.

The Noida authority said that it was not imposing any penalty or levying any extra charge on the flat owners who had not registered their flats so far.

The court Sep 10, 2010, asked flat owners of housing societies to get their tripartite agreements registered within six months. This time was extended by a few more days in March this year.

About 60 percent of the flat owners got their flats registered but the remaining dragged the Noida authority to court.

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