Haryana Urban Development Authority Act, 1977, Section 7A, Registration Act, 1908, Section 17 -- Sale deed - If any document is liable to be registered and offered for registration, respondents cannot refuse to register same due to software being inadequate - Thus, respondents must address and resolve through their software engineer and consultants - Direction issued to..........
Haryana Urban Development Authority Act, 1977, Section 17 -- Resumption of plot - Petitioner failed to pay amount after payment of earnest money - Defence that plot has been changed is unsustainable when no objection raised by petitioner for 13 years - Plot rightly resumed...........
Haryana Urban Development Authority Act, 1977, Section 17 -- Resumption of plot - Concession to allottee - Petitioner cannot seek to derive benefit under policy i.e. extension of time to put construction on one hand and reject conditions stipulated for the same in the policy on the other hand - Moreover, it is composite policy and allottee cannot seek to derive benefit..........
Haryana Urban Development Authority Act, 1977, Section 2(g), 3(3)(a) -- External development charges - Claim for refund and interest - In the instant case, respondents were entitled to retain external development charges and to charge interest in accordance with terms and conditions of LOI and the licence - Moreover, merely because they extended facility of refunding or..........
Haryana Urban Development Authority Act, 1977, Section 2(g), 3(3)(a) -- External development charges - Claim for refund and interest - In absence of statutory or contractual bar they cannot be compelled to give up all their dues if they are giving up part of their dues...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2), Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 8 -- Eviction order - Order that tenant not to be evicted if he pays arrears of rent within 30 days from the date of order - Period of 30 days is to be computed by excluding the day on which order was passed...........
Gujarat Town Planning and Urban Development Act, 1976, Section 65, 52 -- Preliminary town planning scheme - Sanction and modification - Power of State Government - In the instant case, petitioners given final plot on their original plot in draft scheme, but, TPO made change in such allotment in preliminary scheme and allotted four different final plots to petitioners - But..........
Easements Act, 1882, Section 4, Gujarat Town Planning and Urban Development Act, 1976, Section 17(1)(a)(i), Bombay Provincial Municipal Corporation Act, 1949, Section 253 -- Development plan - Grant of sanction - As per petitioner, grant of proposed development violate his right to get light and air - Evidence on record does not show that existing properties adjacent to..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Rent and eviction - Leave to defend - Delay in filing application for leave to defend - Delay cannot be condoned as Limitation Act is not applicable - Order upheld...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - While awarding compensation for acquired land, Court must take into account several factors including fertility, yield, nature of soil, comparative sale statistics, its present use, its capacity for higher potential, precise location, potentiality to use for no, agricultural..........
