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july 2024

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.

M/S Rewa Tollway P. Ltd vs The State Of Madhya Pradesh · Niyam