A conveyance is an instrument by which property, whether movable or immovable, is transferred inter vivos and it is not otherwise specifically provided for by Schedule I, Schedule I-A or Schedule 1-B as the case may be.

( 1 ) WHETHER the transfer of plants and machineries fastened to earth reported to be in a removable condition by a transferor who had no right or title to the land and the transferee having not acquired any interest in the land by reason of such transfer could be defined as immovable property for the purpose of imposing Stamp Duty on a document regarding such transfer sought to be registered under the Indian Registration Act is an interesting question which arises in the present writ petition.

( 2 ) PLOT Nos. D-17 and B-14, Industrial Estate, Orai was developed by the U. P. State Industrial Development Corporation, hereinafter referred to as upsidc a State Government Undertaking. The UPSIDC allotted the said two plots in favour of M/s Bhatinda Chemicals for setting up an Oil Factory on a premium of Rs. 4,82,372. 00 on an average annual rent of Rs. 831. 35. M/s Bhatinda Chemicals, in order to establish the Factory, had installed plants and machineries in the said plot. But ultimately it was unable to continue and had surrendered the lease on 2/06/1990 to the U. P. S. I. D. On account of such surrender, the said Bhatinda Chemicals had no interest or title to the land except its right to remove the said plants and machineries which were transferred for valuable consideration by Bhatinda Chemicals on 16/09/1991, in favour of M/s Orai Oil Chemicals Pvt. Ltd. , the petitioner herein. Though no registered document is necessary, for effecting the transfer and the transfer was effected by delivery of possession in consideration of the value paid and the property in the case stood transferred to the petitioner, but only in order to create a proof of such transfer, a document regarding such transfer was sought to be registered under the Indian Registration Act on 16/09/1991 itself. According to the petitioner, the agreement for sale of the said plants and machineries was executed on 12/12/1989 together with another agreement on 13/05/1990 which culminated in the transfer, on 16/09/1991. By reason of such transfer, according to the petitioner, it had acquired only a right to remove those plants and machineries. In the meantime, the petitioner obtained lease of same plots from UPSIDC on 7th of September 1990. Now the said document was sought to be impounded while charging additional Stamp Duty and penalty from the petitioner on the ground that the said plants and machineries are immovable properties and are chargeable for Stamp Duty as such. On a reference being made to the Collector, the Collector had decided in favour of the petitioner. By order dated 11/04/1993, the Collector, in exercise of power under Section 47-A (2) (4) and Section 33 of the Stamp Act read with Rule 350 of the same Rules held that the document did not purport to a transfer of any right to immovable property and, therefore, the Stamp Duty on the document was sufficient and accordingly he issued a certificate as provided in Rule 350 read with Sections 40 and 42 of the said Act which is Annexure 3 to the writ petition. The State of U. P. filed a revision under Section 36 (1) of the said Act before the Chief Controlling Revenue Authority, U. P. The petitioners objection to the maintainability of the revision was rejected by the Chief Controlling Revenue Authority U. P. by order dated 10/06/1993 being Annexure 5 to the writ petition and thereafter by order dated 6/06/1995, he had held that the said document purports to transfer immovable property and, as such, stamp duty as payable on account of transfer of immovable properties is chargeable on the said document and, therefore, had directed payment of additional Stamp Duty together with penalty. The said order dated 6/06/1995 is Annexure "6 to the writ petition. It is against these two orders dated 10/06/1993 and 6/06/1995 being Annexures 5 and 6 respectively, the present writ petition has been moved.

( 3 ) THE learned counsel for the petitioner Mr. Budhwar appearing with Mr. Arun Tandon submits that for t