June 2018

Resumption of Site—Show cause notice—Notice issued for recovery of dues and imposing of penalty cannot be constructed as notice for resumption of site.

By | June 4th, 2018|Plots|

Comments Off on Resumption of Site—Show cause notice—Notice issued for recovery of dues and imposing of penalty cannot be constructed as notice for resumption of site.

Haryana Urban Development (Disposal of Land and Buildings) Registration 1978–  Allotment of Plot-Refund of Earnest Money-Petitioner found not eligible allotment-Petitioner had not concealed the facts and has not given wrong or incorrect Information-Petitioner held entitled to refund of earnest money.

By | June 4th, 2018|Plots|

Comments Off on Haryana Urban Development (Disposal of Land and Buildings) Registration 1978–  Allotment of Plot-Refund of Earnest Money-Petitioner found not eligible allotment-Petitioner had not concealed the facts and has not given wrong or incorrect Information-Petitioner held entitled to refund of earnest money.

Surrender of Plot—It is not mandatory for authorities to forfeit 10% of the consideration as stipulated in Letter of Allotment. Section 45(3} itself confers the discretion upon the Estate Officer to forfeit an amount less than 10 percent.

By | June 4th, 2018|Plots|

Comments Off on Surrender of Plot—It is not mandatory for authorities to forfeit 10% of the consideration as stipulated in Letter of Allotment. Section 45(3} itself confers the discretion upon the Estate Officer to forfeit an amount less than 10 percent.

Capital of Punjab (Development and Regulation) Act, 1952-Transfer of Ownership-On basis of Will to the extent of share therein in the name of beneficiary-is not permissible as it amounts to fragmentation-However, there is no impediment to the transfer of an undivided share as per the Will

By | June 4th, 2018|Plots|

Comments Off on Capital of Punjab (Development and Regulation) Act, 1952-Transfer of Ownership-On basis of Will to the extent of share therein in the name of beneficiary-is not permissible as it amounts to fragmentation-However, there is no impediment to the transfer of an undivided share as per the Will

Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, R.3–Allotment of Plot-Non-payment of Market Fee-Application not to be rejected merely on non-payment of market fee of two years

By | June 4th, 2018|Plots|

Comments Off on Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, R.3–Allotment of Plot-Non-payment of Market Fee-Application not to be rejected merely on non-payment of market fee of two years

April 2018

Allotment of Plot—Nominee of allotee—Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee-That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.       

By | April 24th, 2018|Plots|

Comments Off on Allotment of Plot—Nominee of allotee—Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee-That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.       

March 2018

Allotment letter does not even disclose an implied obligation to provide basic amenities and to carry out the development works as a condition precedent for entitlement to receive payment—Price of plot was according to conditions at spot-Therefore, petitioner is liable to pay interest and penal interest as per terms and conditions

By | March 15th, 2018|Plots|

Comments Off on Allotment letter does not even disclose an implied obligation to provide basic amenities and to carry out the development works as a condition precedent for entitlement to receive payment—Price of plot was according to conditions at spot-Therefore, petitioner is liable to pay interest and penal interest as per terms and conditions

Allotment of Plot—Surrender of Plot—Ground Rent—As per surrender policy only 10% of bid amount was to be forfeited-Ground rent deducted by development authority directed to be refunded with interest.

By | March 1st, 2018|Plots|

Comments Off on Allotment of Plot—Surrender of Plot—Ground Rent—As per surrender policy only 10% of bid amount was to be forfeited-Ground rent deducted by development authority directed to be refunded with interest.

February 2018

Conduct of petitioner exhibits that he was awaiting formal allotment and was ready and willing to perform his part of contract-Authorities could always issue another copy of allotment letter to the petitioner and require him to comply with the terms—In the present case, there is fair presumption that petitioner never received the allotment letter

By | February 11th, 2018|Plots|

Comments Off on Conduct of petitioner exhibits that he was awaiting formal allotment and was ready and willing to perform his part of contract-Authorities could always issue another copy of allotment letter to the petitioner and require him to comply with the terms—In the present case, there is fair presumption that petitioner never received the allotment letter

GPA was not the beneficiary in any way-He was appointed only to facilitate the proceedings before authorities as he was friend of original allottee and local resident-No consideration ever passed from GPA to allottee-Transaction held to be bonafide-Petitioner held to be bona fide purchaser for consideration-Cancellation order set aside.

By | February 10th, 2018|Plots|

Comments Off on GPA was not the beneficiary in any way-He was appointed only to facilitate the proceedings before authorities as he was friend of original allottee and local resident-No consideration ever passed from GPA to allottee-Transaction held to be bonafide-Petitioner held to be bona fide purchaser for consideration-Cancellation order set aside.

Allotment of Plot—Eligibility—As per scheme applicant should not own any residential plot in his/her name—The expression ‘applicant’ shall also include and represent a ‘spouse’.

By | February 10th, 2018|Plots|

Comments Off on Allotment of Plot—Eligibility—As per scheme applicant should not own any residential plot in his/her name—The expression ‘applicant’ shall also include and represent a ‘spouse’.

March 2017

January 2017

December 2016

November 2016

Intention of Parties—Where there is a dispute on a concept relating to an expression/concept which is not explained in the instrument executed between parties than evidence of the acts done under it is a guide to the intention of the parties, particularly, when acts are done shortly after the date of the instrument.

By | November 17th, 2016|Plots|

Comments Off on Intention of Parties—Where there is a dispute on a concept relating to an expression/concept which is not explained in the instrument executed between parties than evidence of the acts done under it is a guide to the intention of the parties, particularly, when acts are done shortly after the date of the instrument.

October 2016