Hon’ble Arun Tandon, J.—This bunch of writ petitions has been filed by lessees of developed plots (for construction of residential houses)as per the separate tripartite deeds executed between the concerned petitioner, U.P. State Industrial Development Corporation (herein after referred to as UPSIDC) and M/s Ansal Housing Construction Ltd. New Delhi (hereinafter referred to Ansal).

2. These petitions are a classic example of the manner in which the UPSIDC in collusion with the construction Company Ansal has created a situation, (a) for defrauding the public exchequer and (b) for mis-leading common person like the petitioners to believe that the Tripartite deed was first transfer of the property and so they were entitled to the benefit of reduced rate of stamp duty under the relevant Government order. The mis-representation has lead to a situation where huge demand towards stamp duty penalty alongwith interest has been raised against the petitioners under the orders impugned passed by the Stamp authorities under the Indian Stamp Act.

3. Brief facts of the case as on record of these petitions are as follows.

The State of Uttar Pradesh acquired land situate at village Loni district Ghaziabad under the Land Acquisition Act, 1984. This land was transferred by the State of Uttar Pradesh to the UPSIDC for development.

4. Ansal vide letter dated 15.2.1997 made a request for allotment of 87.10 acres of said un-developed land to the UPSIDC for developing a housing colony in the housing Sector of Tronica City Loni district Ghaziabad. The request so made by Ansal was accepted by the UPSIDC as per their letter dated 6.5.1997. UPSIDC agreed to allot 87.10 acres of un-developed land to the Ansal @ Rs.397/= per sq.mt. on the terms and conditions mentioned in the letter of allotment. From Clause 18 of the allotment letter it is apparently clear that the period of the lease was 90 years. Clause 7 of the said letter of allotment provided that possession of land shall be delivered to Ansal only after payment of 25% of the total amount of premium and after execution of Memorandum of Understanding with the UPSIDC.

5. The letter of allotment was acted upon and an memorandum of understanding has been executed between the Regional Manager UPSIDC and the Vice President of Ansal. Copies whereof have been brought on record as Annsure-1 to the writ petition No. 73277 of 2010 and as Annexure No. 3 to the counter-affidavit filed by the Ansal respectively.

6. Paragraph 3 of the memorandum of understanding provides for the nature of work to be done for the purposes of development of the undeveloped land allotted to Ansal. It is mentioned that the development had to be undertaken as per the approved plan. The internal development work would includ laying of roads, drains, sewers, underground cable, water supply and facility of park, roads community centers, schools etc. The development work had to be completed within 3 years. From paragraph 6 of the memorandum of understanding it is apparently clear that at least 25% of the plots (in terms of number and area) were to be transferred as built up accommodation. For the purpose Ansal was permitted to start booking and to accept the sale proceeds in their name from prospective buyers of plots/buildings immediately after getting the possession and on approval of the layout plan.

7. Absolutely no price limit was fixed for Ansal on which it could let out the developed plots/residential house. Suffice to record that in the facts of the case the plot have been leased out to the petitioners approximately @ Rs.2400/= per sq.mt. It will be seen that the allotment has been made by Ansal after developing the plot at seven times the price on which they had obtained possession of the same land for development.

8. Clause 18 further stipulates that the persons obtaining plots from Ansal after development will further be required to pay 10% of the total cost of the land in lump sum at the time of tripartite lease to the UP