Rajiv Narain Raina, J. - (1.) The prayer in this writ petition filed under Article 226 of the Constitution is for a direction to the respondent-State Government and Punjab Urban Development and Planning Authority (for short, "PUDA") to charge stamp duty from the petitioner for registration of an instrument of sale at par with stamp duty charged from Government, public sector undertakings or local bodies and to grant the petitioner exemption from the date of operation of notification dated 7.3.2011 (P5).
(2.) The petitioner is a land developer, who is stated to have set up a mega project at village Behlolpur District Mohali, Punjab in an area of 102.3 acres on being granted change of land use on 8.12.2008 by the Chief Town Planner, Punjab, Chandigarh for developing the land for residential/commercial purposes. Since the validity of the notification dated 7.3.2011 issued under the Punjab Stamp (Dealing of Under Valued Instruments) Rules, 1983 was challenged on the ground of discrimination, the matter was posted before this Bench following an order passed by the learned Single Judge on 31.10.2011 to be heard by an appropriate Bench as per roster and that is how the matter has come up for hearing before us.
(3.) We have heard learned counsel for the petitioner and with his assistance have examined the impugned notification dated 7.3.2011 (P5). The notification has been issued in exercise of powers conferred by Section 75 of the Indian Stamp Act, 1899 to further amend the Punjab Stamp (Dealing of Under Valued Instruments) Rules, 1983. The amendment carried out is in Rule 3-B. The old rule has been substituted by this notification which is the first amendment to 1983 rules. The newly substituted rule 3-B reads as follows:- "3-B. Notwithstanding anything contained in Rule 3-A, the rate fixed for allotment at the fixed price or at the price accepted after public auction of an immovable property by the Government or a Public Sector Undertaking or a local body, shall be deemed to be the (collector's rate as fixed under rule 3-A of such property, and the stamp duty shall be charged for registration of instrument of such property at the rate so fixed, at the time of execution of first conveyance deed of such property; provided the conveyance deed is got registered upon the 30th day of September, 2011, after making full amount of the said price, or within a period of one year from the date, the last installment of such price had fallen due as per the Schedule fixed for payment in respect of such property, as the case may be." (Underlining for emphasis);