Allied Laws

19. Kingswood Hotel Private Limited and Anr. vs. State of U.P. and Ors. Writ – C No. 28403 of 2024 (Allahabad High Court) December 9, 2024

Registration – Stamp duty – Corrected deed - Does not alter rights and liability of the original deed – Merely corrects the name of the lessee – Clerical error – No fresh conveyance – Only nominal stamp duty payable. [S. 4, Art. 34A of Schedule 1 – B, Indian Stamps Act, 1899; Art. 226, Constitution of India].

FACTS

A scheme was introduced by New Okhla Industrial Development Authority (Noida) for leasing out of commercial plots to builders and developers for a fixed term. As per the said scheme, it was mandatory for the developers to incorporate a Special Purpose Company (SPC), and only upon such incorporation would the allotment and execution of the lease deed be effected in favour of the SPC. In compliance with this requirement, Petitioner No. 1 (a Consortium) incorporated Petitioner No. 2 (the SPC) to avail the scheme. However, at the time of execution and registration of the lease deed, the commercial plots were inadvertently leased in favour of Petitioner No. 1, i.e. the Consortium, instead of Petitioner No. 2 - the SPC. Upon realising the mistake, Petitioner No. 1 approached the Registrar of Stamp (Respondent) along with a corre