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2015 (2) TMI 1356 - BOMBAY HIGH COURTDemand of differential premium made by the first respondent to the petitioner as a condition for transfer of the said plot in the name of the petitioner - Involuntary transfer or not - formal or informal transfer - circular dated 12th May, 1998 - HELD THAT:- The circular incorporates transfer guidelines for the industrial and other plots. The said guidelines have been issued in super-session of all earlier guidelines. The said circular divides the transfers into two categories, formal transfers and non-formal transfers. The learned counsel appearing for the petitioner relied upon clause 3 of the first part dealing with formal transfers - The said clause 3 applies to involuntary transfers including amalgamation, demergers etc. under the direction of the appropriate Court. In the present case, the said plot was put to auction and the petitioner has voluntarily opted to participate in bid. Therefore, clause 3 will not apply to the said transfer. The case of the petitioner will not fall in the category of formal transfers. Circular dated 12th December, 2011 - HELD THAT:- It is true that the said circular is issued by way of clarification to the circular dated 12th May, 1998. However, the said circular clearly records that the same will apply only to the applications for transfer received after 12th August, 2011 - In the present case, admittedly the application made by the petitioner was prior to the said date. It is true that in the letter dated 30th December 2013, there is a reference to the circular dated 12th November, 2011. However, it is merely stated therein that the said circular is by way of clarification. As stated earlier, the said clarification will apply prospectively and it cannot not be applied to the applications which were pending. The demand for payment of 30% differential premium is strictly in terms of the policy reflected from the circular dated 12th May, 1998 - there is no no error in the demand made by the first respondent for payment of 30% differential premium as a condition for transfer - petition dismissed.
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