Plot allotment -- Alternative plot - Compensation - Possession of plot could not be given for 18 years as the plot allotted was involved in litigation - Held that it amounts to deficiency in service - Appellant-OP liable to offer for possession an alternative plot at the same price for which the original plot had been allotted and which could not be offered for possession..........
Housing -- Sale of an unapproved plot - Before launching scheme and inviting public to the buy plots, opposite party must either inform that the plots which are said to be sold are either approved or not - If they are not approved, they would take steps for getting the approval and, can execute the sale deed only after such approval is granted - Such precaution has not..........
Housing -- Possession of plot not delivered - Interest - Claim of - District Forum awarded payment of interest @ 18% on the deposited amount till the date of handing over the possession - No illegality...........
Electricity -- Application for removal of electric polls from plot - Polls not removed despite deposit of required amount - Direction to refund the amount with interest @ 12% upheld - Order of payment of compensation of Rs. 1,000/- set aside...........
Civil Procedure Code, 1908, Section 100 -- New plea in appeal - When can be allowed - Title of property - Not in dispute - No Plea - Denial also not there - Issue not framed - Title of plaintiffs over suit plot also admitted by defendants in written statement - Plea by defendant that plaintiffs had admitted that they were owner and in possession of only some portion of..........
Plot allotment -- Deficiency in service - Refund - Plot of land allotted in the year 1997 - Full cost of plot deposited in February, 1998 - Respondents not made any basic facilities and amenities where the plot in question allotted - Refund of amount sought - Held that there is clear case of deficiency in service - Respondents directed to refund to appellant total amount..........
Chandigarh Housing Board (Allotment, Management and Sale of Tenements Regulations) 1979 -- Regulation 6 - The term 'Residential House' - Includes construction of a residential flat above the commercial plot if it is permissible...........
Haryana Urban Development Authority Act, 1977, Section 15 -- Refund of money on failure of HUDA to deliver possession of allotted plot - HUDA if not in a position to make developments in the area and to deliver possession of allotted plot to the allottee even after five years of issuance of allotment letter - Not justified in refusing to refund the amount if sought by plot..........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 4(5), 5 -- as amended by Notification dated 5.3.2003 - Interest and penal interest on instalments - Haryana State Agricultural Marketing Board duty-bound to provide all facilities like roads, water and sewerage connections etc. in newly established market before possession of plot..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2(1) -- Expression `person' - Contention of appellant that respondent Nos. 1 and 2 together own land should be treated as a single unit as single person and thus land in excess of limit - Held that respondents having independent title to the property in question are entitled to two separate units under the said Act -..........
