Arun Mishra, J.

( 1. ) In these writ petitions, question involved is whether a transaction where the right to collect tolls is given in lieu of the amount spent by the Concessionaire in the construction of roads, bridges etc. under the Build, Operate and Transfer (BOT) scheme amounts to a "lease" as contemplated under Section 105 of the Transfer of Property Act, 1882 (hereinafter referred to as "T.P.Act") and Section 2(16) of the Indian Stamp Act, 1899.

( 2. ) The constitutional validity of the amendment made in proviso to third clause of Article 33 of the Schedule 1-A as amended by Indian Stamp (M.P.) Act,2002 has also been challenged. Further prayer has been made to declare Section 48 and 48-B as amended by M.P.Act 24 of 1990 as ultra vires.

( 3. ) Facts are being referred from WP No.3041/2004 (RV Infrastructure Engineers Pvt. Ltd. Vs. State of M.P. and others). The petitioner is a Company engaged in construction of roads, etc. Respondent No.3/M.P. Rajya Setu Nirman Nigam Ltd. (hereinafter referred to as "MPRSNN") is a company incorporated and registered under the Companies Act. State Government has authorized MPRSNN for reconstruction, strengthening, widening and rehabili