ORDER :

(Goutam Bhaduri, J.)

1. By the present petitions, the constitutional validity of Chhattisgarh Land Holdings (Validation) Act, 2013 (In short “the Act of 2013”), is challenged on the ground that it has received the assent of the Governor on 13.07.2013 which is contrary to the provisions of the Indian Stamp Act, 1899; the Indian Registration Act, 1908; the Transfer of Property Act, 1882; the Central Acts and the Chhattisgarh Land Revenue Code, 1959. The petitioners, who claimed the subject land from their erstwhile owner, submitted that the acquisition of the land by an agreement cannot be validated by the present Act of 2013 and the State Legislature is repugnant to Article 254 of the Constitution of India.

2. Learned counsel for the respective petitioners would submit that the Act of 2013 has not received the consent of the President of India under Article 254(2) of the Constitution of India and Section 3 of the said Act, which validate the sale, exchange and transfer of land under the agreement of exchange or agreement to sell will override Section 17(1)(b) of the Indian Registration Act,1908 and Section 35 of the Indian Stamp Act. He would submit that on the sole ground, the Act of 2013 is required to be declared ultra virus.

3. In opposing the said submission, the State counsel contended that the validation would affect only to the property acquired by Government instrumentalities, which are named in statutes as Raipur Development Authority and Chhattisgarh Housing Board and statute was not trenched upon the transaction by public for another transaction. As such, the acquisition of the like nature from the erstwhile owner of the petitioners by an agreement would be saved under Section 56 of the Chhattisgarh Nagar tatha Gram Nivesh Adhiniyam, 1973 (In short “the Adhiniyam of 1973”) and the State is empowered to exempt the stamp duty under Serial No.18 and 63 of the State list of Schedule-7. It has further been stated that the acquisition of the property is also covered by concurrent list of Entry 42, therefore, by invoking Section 56 of the Adhiniyam, 1973, lands were acquired and the acquisition cannot be invalidated and the Act was promulgated only to save those transactions between government instrumentalities and the private parties at the time of acquisition.

4. Learned State counsel would submit that the acquisition has been made in exercise of power under Entry 42 of the concurrent list and the acquisition, which related back to 1979, the said acquisition was under Section 56 of the Adhiniyam of 1973, which was subsequently amended by Section 56(A) of the Chhattisgarh Gram evam Nivesh Adhiniyam, 1973 with effect from 01.11.2000, therefore, the said acquisition, though made, under Entry 42 would save the acquisition and validation Act, which only protects & touches upon the transaction of the government instrumentalities. Therefore, the pith and substance of acquisition by State has been taken into consideration by the intent of legislature, consequently, the petitions have no substance.

5. We have heard learned counsel for the parties and perused the documents appended with the petitions.

6. Since the virus of the Act of 2013, which is captioned as the Chhattisgarh Land Holdings (Validation) Act, 2013, has been challenged, the definition clause of it includes that the applicability of the Act was made limited to the government instrumentalities. The definition clause under Section 2(1)(a) & (b) is reproduced herein as under:-

2. Definition.--(1) In this Act, unless the context otherwise requires,----

(a) “Government Instrumentality” means Instrumentality which are under the control of Government as defined under Article 12 of the Constitution of India, and includes Raipur Development Authority and Chhattisgarh Housing Board;

(b) “Government” means Government of Chhattisgarh.

(2) The words and expressions not defined in this Act shall have the same meaning as defined under the Chhattisgarh Land Revenue Code, 1959 (No.20 o