Consumer Protection Act, 1986, Section 2(1) -- Consumer - Residential plot - Auction purchase - Plots in question purchased by complainant in open auction - Complainant cannot be treated as 'Consumer' and hence complaint no maintainable before the Consumer Fora - Appeal liable to be dismissed with liberty to the complainant to approach appropriate Forum for redressal of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Plot of Shop-cum-flat - Transfer of plot - The question of title was seriously in dispute and it required determination by the Civil Court - Appellant-OP justified in refusing to transfer the plot of the Shop-cum-Flat in favour of the Respondent - Impugned judgment of the District Forum liable to be set aside...........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Consumer - Service - Transfer of plot - Respondent were not consumer qua the appellants as no such plot was allotted to them - The respondent had tried to deposit the transfer fee but it does not give any right to the respondents for seeking the transfer of the plot in their favour nor it makes them the consumer..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Consolidation of holding - Petitioner claiming that his plot was divided into two parts and he was not allotted area in lieu thereof - Petition disallowed on the ground that he has sold his original area - Appeal - Appellant sold only one of two plots - Held, he is entitled to..........
Chandigarh (Sale of Sites and Building) Rules, 1960, Rule 7A(2) -- Plot - Purchased in open auction - Plot surrendered - Surrender allowed subject to payment of 25% penalty - After about 2 years and 6 months notice issued to deposit a sum of Rs.3.8 lacs in lieu of penalty amount which ought have been imposed at the rate of 5% instead of 2.5% under Rule 7-A(2) of the Rules..........
Haryana Urban Development Authority Act, 1977, Section 17(5) -- Resumption of plot - Extension for construction was granted but was under a mistaken identity of plot which was only a clerical mistake - Resumption order could not have been passed after allowing extension - Resumption order set aside - Petitioner shall pay the balance amount with interest at 18% from the..........
Punjab Municipal Act, 1911, Section 192 -- Plot in dispute owned by plaintiff acquired for public street - Sewerage laid down in the street - Appellant not entitled to any compensation for the acquired land as under the law in force at that time 25% of the area belonging to the owner could be taken by Municipality free of charge for the implementation of the scheme -..........
Constitution of India, 1950, Article 14, New Mandi Township Act, 1960, Section 13(2) -- Resumption of plot - Permission to pay arrears of defaulted amount with interest and penalty granted in some cases and refused in others - Held, such action of the state authority amounts to discrimination - All those who are similarly situated should be given similar treatment - Parity..........
Land Acquisition Act, 1894, Section 4, 6, Haryana Urban Development Authority Act, 1977, Section 15 -- Consistent policy of Govt. since 1983 that oustees entitled for residential and commercial plot at reserve price - Policy suddenly changed in 2003, restricting allotment for residential plots and stating that allotment of commercial plots earlier was inadvertent act or..........
Land Acquisition Act, 1894, Section 23, 18, 6, 4 -- Land acquisition - Compensation - Deductions - Small piece of land - Even if the acquired lands have situational advantages, the minimum deduction from the market value of a small presidential plot, to arrive at the market value of a larger agricultural land, is in the usual course, will be in the range of 20% to 25% - In..........
