JUDGMENT :

1. Heard Sri Naveen Sinha, learned Senior Counsel assisted by Sri Rohan Gupta, learned counsel for the petitioner and Sri Nimai Das assisted by Sri Amit Kumar, learned Additional Chief Standing Counsel.

2. When the State of Uttar Pradesh had incorporated the Taj Expressway Industrial Development Authority (hereinafter referred to as "Authority") under the Uttar Pradesh Industrial Development Area Act, 1976 for the development of a project by which a six-lane 160 kms. expressway was to be laid down, the petitioner, which is a private developer, was transferred certain land, connecting NOIDA and Agra on the virgin area along the Yamuna river. When the transfer took place of the land from the Authority to the petitioner, agreements were entered into and as per the Government Order dated 27.2.2003, the agreements were executed on a stamp of Rs.100/-. The Government, to see that private enterprise was encouraged, had on 18.2.2003 issued a circular and had desired in principle that all transactions, for public projects, above the value of Rs. 750 crore were not to be stamped