Pune: Revenue minister Chandrashekhar Bawankule on Thursday backed the Rs 42-crore stamp duty notice issued by his department in connection with the Mundhwa land transaction, saying the parties involved in the deal were required to pay the full stamp duty as per the the Registration Act, 1908, even though the sale was technically void since the land in question belonged to govt.A day earlier, Bawankule had said he would seek clarification from the inspector general of registration (IGR) on why a Rs 42 crore stamp duty notice was issued to Amadea Enterprises LLP, the firm linked to deputy chief minister Ajit Pawar’s son Parth. When quizzed about his change in stance, the minister said, “I reviewed the matter and found that the department acted correctly. The transaction was valued at Rs 300 crore, and a stamp duty of Rs 21 crore was to be paid at that time. To cancel the deed through reconveyance, an additional Rs 21 crore must be paid, bringing the total amount to Rs 42 crore.”He reiterated that while the sale was flawed because govt-owned land was sold between private parties, the duty must be levied on the declared value of the document, not on ownership title. “Under the existing law, the duty is calculated based on the declared transaction value, regardless of ownership validity. The IGR has clarified that the stamp duty depended on the value stated in the document, not on the title,” the minister said.Supporting this stance, senior officials from the IGR department said the Rs 42-crore notice issued to Amadea Enterprises LLP was legally sound and in compliance with the Registration Act, 1908. The notice, dated Nov 7, was sent to Digvijay Patil, Parth’s cousin and Amadea partner, directing payment of full stamp duty and penalty before the deed could be cancelled.The officials said since the sale deed was executed, the shortfall in stamp duty and the 7% duty applicable on deed cancellation must be paid as per the existing law. They cited a Supreme Court ruling of April 2024, which held that a registering officer was not empowered to adjudicate title and must register any document that fulfilled procedural and stamp duty requirements. “Registration does not validate ownership. It only records the transaction,” a senior official said.The 40-acre Mundhwa land was allegedly purchased by the firm from Sheetal Tejwani, who held a power of attorney, though the land was govt-owned. Sub-registrar RB Taru allegedly facilitated the registration. An FIR has been registered against Patil, Tejwani and Taru, while Ajit Pawar said the deal had since been scrapped.Bawankule said a committee was preparing a detailed report on the entire transaction, and the final decision would be taken once the report was submitted.Another senior IGR official reiterated that the department’s action was limited to ensuring proper collection of stamp duty and registration charges, irrespective of ownership disputes or criminal proceedings.The officials said the registration officer was not required to verify the ownership title of the executant and had no adjudicatory power to decide whether the person executing a document actually held the title to the property. “Even if a sale deed or lease is executed for land in which the executant has no ownership rights, the officer cannot refuse registration if all procedural requirements are fulfilled and the prescribed stamp duty and registration fees are paid,” another official added.
