Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
State of Himachal Pradesh – Appellant
Versus
Noble House Creation Pvt. Ltd. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Notice. Mr. Anuj Gupta, learned counsel, appears and waives service of notice on behalf of respondent.
2. The Case
Learned District Collector, Solan on 20.01.2017 ordered vestment of respondent’s/petitioner’s land with the State government on the ground that the respondent failed to put the land to use within two years from the date of execution of sale deed, the respondent could not start construction of the resort over land in question within two years in accordance with the permission granted to it under Section 118 of H.P. Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the Act). The operative portion of the order passed by the learned District Collector, Solan ordering vesting of respondent's land with the petitioner is as under:-
“17. In this case, Respondent purchased 150 bigha land and then did not put it to use for which it was purchased even after 7 years after the Sale Deed. The record available on the case file shows clearly that the Respondent did not do anything to set up the resort within the stipulated period of two years from the date of Sale Deed. He did not even apply for further extension one year after the expiry of tw
The court affirmed that land recorded as Abadi under the U.P. Zamindari Abolition and Land Reforms Act, 1950, remains vested in the State, allowing for resumption under Section 117(6) despite claims ....
The finality of a judgment and decree, the provisions of the H.P. Tenancy and Land Reforms Act, and the Indian Evidence Act were crucial in establishing the respondent's status as an agriculturist an....
The court established that while conditions of land regrant are binding and must be complied with, enforcement actions based on breaches must be initiated within a reasonable time frame to be valid.
Point of Law : The Doctrine of audi alteram partem has three basic essentials, a person against whom an order is required to be passed or whose rights are likely to be affected adversely must be gran....
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
Section 27 relates to prohibition of transfer of any Urban land with a building thereon. Apart from legal position that Sec. 27 has been struck down as ultra vires, it is quite obvious that no such q....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
