Advocates:
['A BHOWMIK', 'G JAIN', 'H SINGH', '', 'G V KRISHNA RAO', 'JAMEEL AKHTAR LOHANI', 'AZAD SIDDIQUE', 'PRAKASH TIWARI', 'ABHISHEK SINHA', 'GHANSHYAM PATEL', 'D L DEWANGAN', 'A G', '', 'V AWASTHY']

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WP No. 2235 of 2000

1.

Power Grid Corporation Of India Ltd., A Government of India

Enterprise, Sampritinagar, Uppalwadi, Nagpur, through it's Managing

Director

---- Petitioner

Versus

1.

State of Madhya Pradesh (Now Chhattisgarh), through Secretary,

Revenue Department, Wallabh Bhawan, Bhopal.

2.

The Collector, Durg.

3.

The Sub Divisional Officer, Land Acquisition Officer, Durg.

4.

District Registrar (Registration Department), Durg, Dist. Durg.

---- Respondent

And

WP No. 5259 of 2000

1.

National Thermal Power Corpn. Ltd., Korba Super Thermal Power

Station, Dist. Korba, through its General Manager

---- Petitioner

Vs

1.

State of Madhya Pradesh (Now Chhattisgarh), through Secretary,

Revenue Department, Vallabh Bhawan, Bhopal.

2.

The Commissioner, Bilaspur Division, Dist. Bilaspur.

3.

The Collector, Dist. Korba.

4.

District Registrar (Registration), Registration Department, Dist.

Bilaspur.

5.

Sub Registrar (Registration), Kastghora Tahsil, Dist. Korba.

---- Respondent

------------------------------------------------------------------------------------------------------

Present :-

Shri Abhishek Sinha, Advocate for the petitioner in W.P.

No.2235 of 2000.

Dr. N.K. Shukla, Senior Advocate with Shri Abhishek Sinha,

Advocate for the petitioner in W.P. No.5259 of 2000.

Shri Adhiraj Surana, Dy. Government Advocate for the

State.

------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Prashant Kumar Mishra

C A V Order

07

/04/2015

1.

Both the petitioners i.e. Power Grid Corporation of India Limited (for

short 'Power Grid') and National Thermal Power Corporation Limited

(for short 'NTPC') are Public Sector Undertakings. They have

preferred the present writ petitions seeking quashment of the orders

passed by the State authorities directing them to execute the lease

and get it registered in accordance with the provisions of the

Registration Act, 1908 (for short 'the Registration Act'). The petitioners

have further prayed for restraining the respondents from charging or

deducting the amount of registration fees and stamp duty.

2.

The petitioner Power Grid has been allotted Government land

admeasuring 53.68 acres at Village Janjgiri, R.I. Circle Ahiwara, Tehsil

Damdha, District Durg vide communication dated 20.10.1997 on

payment of premium of Rs.76,74,545/- and annual rent of

Rs.5,75,591/-.

3.

The petitioner NTPC has been granted the Government land

admeasuring 604.78 acres situated at villages Lata, Sumedha,

Kumgari, Pandaripani, Dhanras and Ghorapat, Tehsil Katghora,

District Bilaspur (now Korba) vide State Government's letter dated

15/21.01.1998 for construction of second stage of fly ash dam on

payment of premium of Rs.2,16,36,155/- and annual rent of

Rs.16,21,806/-.

4.

After payment of the premium amount and deposit of the annual rent,

the petitioners have been handed over possession of the land and

both the petitioners have executed the work for which the land has

been allotted.

5.

By the impugned communications, the State Authorities are insisting

that the petitioners should get the lease deed executed and registered

in accordance with the provisions of the Registration Act and for that

they should make payment of registration fees and stamp duty as

required under the law.

6.

The issue raised before this Court is whether – (i) the petitioners are

beneficiary of a Government grant within the meaning of 'grant' under

the Government Grants Act, 1895 (for short 'the GG Act') read with

Sections 181 & 182 of the Chhattisgarh Land Revenue Code, 1959 (for

short 'the CGLRC'); and (ii) whether the said grant or lease is not

compulsorily registerable by virtue of Section 17 (2) (vii) read with

Section 90 of the Registration Act ?

7.

Petitioners have argued that by vir