Supreme Court of India · 2024-07-19
M/S Rewa Tollway P. Ltd vs The State Of Madhya Pradesh
- Citation / case number
- 2024 INSC 539
- Court
- Supreme Court of India
- Petitioner
- M/S Rewa Tollway P. Ltd
- Respondent
- The State Of Madhya Pradesh
- Author
- Vikram Nath
- Bench
- Vikram Nath
Judgment text excerpt
The Supreme Court addressed the interpretation of 'lease' under Section 105 of the Transfer of Property Act, 1882, and the implications of the Indian Stamp Act, 1899, in the context of a Build, Operate & Transfer (BOT) scheme. The Court upheld the High Court's dismissal of the petitions challenging the classification of a Concession Agreement as a lease, affirming that the right to collect tolls does not constitute a lease under the cited statutes. The Court also rejected the challenge to the validity of the amendments made to the Indian Stamp Act, thereby affirming the legality of the stamp duty imposed on such agreements.