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CHATTISGARH HIGH COURT
PRASHANT KUMAR MISHRA, J.
Power Grid Corporation of India Ltd., Nagpur - Appellant
Vs.
State of Madhya Pradesh & Others - Respondents
W.P. No. 2235 of 2000
Decided On : 07/04/2015
provisions of the Registration Act, 1908 - Government Grants Act, 1895 - Sections 181 and 182 - Registration Act - Section 17/ 90 - purporting to be or to evidence grants or assignments - National Thermal Power Corporation Limited - GG Act was enacted with an object to explain the Transfer of Property Act, 1882 (for short the TP Act) so far as relates to grants from the Government and to remove certain doubts as to the powers of the Government in relation to such grants. The object further states that WHEREAS doubts have arisen as to the extent and operation of the TP Act and as to the power of the Government to improve limitations and restrictions upon grants and other transfers of land made by it or under its authority, and it is expedient to remove such doubts, the Act is enacted - Section 2 of GG Act provides that nothing contained in the Transfer of Property Act, 1882, shall apply or be deemed ever to have applied to any grant or other transfer of land or of any interest therein heretofore made or hereafter to be made by or on behalf of the Government to, or in of, any person whomsoever; but every such grant and transfer shall be constructed and take effect as if the said Act had not been passed. Similarly, Section 3 of the GG Act provides that all provisions, restrictions conditions and limitations over contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the Legislature to the contrary notwithstanding – Held, In the present case, the legislature has used a non obstante clause not only in Section 59 but also in Section 61 of the Act. As is well settled, a non obstante clause is a legislative device to give effect to the enacting part of the section in case of conflict over the provisions mentioned in the non obstante clause. Hence, Sections 451, 452 and 457 of the Code must yield to the provisions of the Act and there is no escape from the conclusion that the Magistrate or for that matter the High Court, while dealing with the case of seizure of vehicle under the Act, has any power to pass an order dealing with the interim custody of the vehicle on security or its release thereof - . Thus, the legal effect is unambiguous and is not capable of deriving more than one meaning. For a documents to be covered within Section 90(1)(d), the only thing to be determined is whether such document evidence any grant or assignment by the Government. As earlier stated, by virtue of Sections 181 and 182 of the CGLRC the subject allotment is deemed to be treated as Government grant within the meaning of the GG Act. Thus, the document is covered within the meaning of GG Act and, as such, is entitled to the exemption under Section 90 of the Registration Act - Although under Section 17 of the Registration Act the registration of leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent is yet Section 90 of the Registration Act, which exempts certain documents from compulsory registration commences with a non obstante clause and thus, the same has overriding effect - purporting to be or to evidence grants or assignments - Petitions allowed
Both the petitioners i.e. Power Grid Corporation of India Limited (for short 'Power Grid') and National Thermal Power Corporation Limited (for short 'NTPC') are Public Sector undertakings. They have preferred the present writ petitions seeking quashment of the orders passed by the State authorities directing them to execute the lease and get it registered in accordance with the provisions of the Registration Act, 1908 (for short 'the Registration Act'). The petitioners have further prayed for restraining the respondents from charging or deducting the amount of registration fees and stamp duty.
2. The petitioner Power Grid has been allotted Government land admeasuring 53.68 acres at Village Janjgiri, R.I. Circle Ahiwara, Tehsil Damdha, District Durg vide communication dated 20-10-1997 on payment of premium of Rs.76,74,545/- and annual rent of Rs.5,75,591/-.
3. The petitioner NTPC has been granted the Government land admeasuring 604.78 acres situated at villages Lata, Sumedha, Kumgari, Pandaripani, Dhanras and Ghorapat, Tehsil Katghora, District Bilaspur (now Korba) vide State Government's letter dated 15/21-1-1998 for construction of second stage of fly ash dam on payment of premium of Rs. 2,16,36,155/- and annual rent of Rs. 16,21,806/-.
4. After payment of the premium amount and deposit of the annual rent, the petitioners have been handed over possession of the land and both the petitioners have executed the work for which the land has been allotted.
5. By the impugned communications, the State Authorities are insisting that the petitioners should get the lease deed executed and registered in accordance with the provisions of the Registration Act and for that they should make payment of registration fees and stamp duty as required under the law.
6. The issue raised before this Court is whether (i) the petitioners are beneficiary of a Government grant within the meaning of 'grant' under the Government Grants Act, 1895 (for short 'the GG Act') read with Sections 181 and 182 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the CGLRC'); and (ii) whether the said grant or lease is not compulsorily registerable by virtue of Section 17 (2) (vii) read with Section 90 of the Registration Act?
7. Petitioners have argued that by virtue of above referred provisions, the respondents are not justified in compelling the petitioners to get the lease deed executed and registered, wheres learned counsel appearing for the State has argued that the land has been granted under the provisions of the Revenue Book Circular and not under the CGLRC, therefore, it is not a 'Government grant' and, as such, it is compulsorily registerable.
8. The GG Act was enacted with an object to explain the Transfer of Property Act, 1882 (for short 'the TP Act') so far as relates to grants from the Government and to remove certain doubts as to the powers of the Government in relation to such grants. The object further states that WHEREAS doubts have arisen as to the extent and operation of the TP Act and as to the power of the Government to improve limitations and restrictions upon grants and other transfers of land made by it or under its authority, and it is expedient to remove such doubts, the Act is enacted.
9. Section 2 of GG Act provides that nothing contained in the Transfer of Property Act, 1882, shall apply or be deemed ever to have applied to any grant or other transfer of land or of any interest therein heretofore made or hereafter to be made by or on behalf of the Government to, or in favour of, any person whomsoever; but every such grant and transfer shall be constructed and take effect as if the said Act had not been passed. Similarly, Section 3 of the GG Act provides that all provisions, restrictions conditions and limitations over contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the Legislature to the contrary notwithstanding.
10. Section 181 of th
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