The main legal point established is that the resolution for vesting the land in the university was sufficient, and the notification reducing stamp duty did not apply to transfers by operation of law.

JUDGMENT :

Heard learned counsel for the parties.

2. The petitioner is a charitable trust allegedly registered under the Rajasthan Public Trust Act, 1959 and is possessed of 63.01 Bighas of land.

3. The petitioner floated an idea of promoting a private university, therefore it, in accordance with the Guidelines for the Establishment of a Private University by Separate Act dated 26.07.2007 issued by the Education (Gr-4) Department, Government of Rajasthan moved to the State Government for the establishment of a private university. The aforesaid guidelines provide for a minimum of 30 acres of contiguous land with construction of minimum 10,000 sq mts. of covered space for administrative and other purposes. It also provides that the proposal should contain details of plans for campus development and other infrastructure facilities.

4. On the proposal so submitted by the petitioner as a sponsoring body, the State of Rajasthan passed a legislation known as the Sangam University Bhilwara Act, 2012 (for short ‘the Act’) which received the assent of the Governor on 30th April 2012 for establishment and incorporation of a private University with the name “Sangam University”, Bhilwara in the State of Rajasthan.

5. The said Act clearly mentions that the petitioner is a registered trust and has setup educational facilities as specified in Schedule-I of Act and has also deposited an amount of Rs. 2 crores for the endowment fund.

6. The Act vide Section 3(2) lays down that the movable and immovable property specified in Schedule-I of the Act shall vest in the university and the sponsoring body shall immediately after the commencement of the Act, take steps for such vesting. The properties mentioned in Schedule-I to the said Act are none else than those owned and possessed by the petitioner i.e., the land having an area of 63.01 Bighas (39.4 acres) and the building for academic and other purposes.

7. In view of Sub-section (2) of Section 3, the properties mentioned in Schedule 1 that is, the above 63.01 Bighas of land vested in the university so established and the sponsoring body that is, the petitioner was required to take steps for such vesting. The petitioner accordingly in its meeting of the Board of Trustees held on 16.07.2012 passed a resolution to vest the aforesaid land and building of the trust in the university, so as to complete the process of vesting. Thus, by virtue of Section 3(2) of the Act coupled with the aforesaid resolution, the aforesaid land came to be vested in the university by operation of law without there being any instrument of conveyance.

8. It may be pertinent to mention here that the Rajasthan Stamp Act, 1998 (hereinafter referred to as ‘the Stamp Act’) vide Section 3 provides for the instruments chargeable to stamp duty with the corresponding rate of duty as mentioned in the schedule. Article 21 of the schedule of the Stamp Act inter alia provides for the stamp duty on instrument of conveyance at the rate of 11% of the market value of the property. The duty so chargeable on any instrument is realizable from the persons mentioned in Section 32 of the Stamp Act which specifically provides that in case of any instrument chargeable to stamp duty under the Act other than those prescribed above, the stamp duty shall be payable by the person executing the instrument.

9. The State of Rajasthan in exercise of its power under Section 9 of the Stamp Act, which provides for the exemption, reduction and modification of the stamp duty on instruments, came out with a notification dated 09th March 2015, for reduction of stamp duty by 1% on the instruments of transfer of immovable property from one sponsoring body to a private university in pursuance of the provisions of the Act of the Private University and The Guidelines for the Establishment of the Private Universities by Separate Act.

10. On the strength of aforesaid notification, the Joint Secretary, Higher Education, Government of Rajasthan vide letter dated 15.03.2017 directed th