‘Put land to use’ under land transfer proviso means initiating project with cogent steps like development permissions and site works, not full completion within time limit; prevents automatic vesting without fault adjudication.

JUDGMENT :

Ajay Mohan Goel, J.

The petitioner before this Court is a Company, registered under the Companies Act. As per the averments made in the petition, the petitioner/Company intended to develop Integrated Housing Project at Anech, Pargna Bharolikalan, Tehsil and District Solan, H.P. over land comprised in Khewat No. 40, Khatauni No. 92, Khasra Nos. 596/537/451, measuring 106 Bigha 04 Biswa and land comprised in Khewat No. 39, Khatauni No. 91, Khasra No. 452/2, measuring 25 Bigha 14 Biswa, land comprised in Khewat No. 48, Khatauni No. 101, Khasra Nos. 536/451/2 and 572/274/1, measuring 10 Bigha 12 Biswa and land comprised in Khewat No. 39 min, Khatauni No. 90 Min, Khasra No. 622/595/537/451/1, measuring 02 Bighas 02 Biswas, total land measuring 144 Bighas 12 Biswas, situated at Village Anech, Pargna Bharolikalan, Tehsil and District Solan, H.P. as per Jamabandi for the year 2008-09. For the said purpose, the petitioner entered into Agreement(s) to Sell, dated 22.09.2011, with the owners of the said land. The Town and Country Planning Department issued the Essentially Certificate recommending the aforesaid land for transfer in favour of the petitioner-Company in terms of Annexure P-2, dated 27.05.2014. The petitioner/Company, thereafter, sought permission under Section 118 of the H.P. Tenancy and Land Reforms Act, 1972 (hereinafter referred to as ‘the 1972 Act’) for the sale/purchase of the said land for the aforesaid purpose. The application was submitted in the prescribed form in the year 2014. Vide Annexure P-3, i.e. communication dated 24.09.2014, the petitioner was informed that the Government had granted permission in favour of the petitioner- Company to purchase the aforesaid land referred to therein, situated in Mauja Anech, Tehsil and District Solan, H.P., for setting up a residential complex i.e. Integrated Housing Project, on the conditions mentioned therein. Pursuant thereto, a Certificate dated 26.2.2015 for registration as a Promotor was issued in favour of the petitioner- Company by Town & Country Planning Department Government of Himachal Pradesh. Copy of the certificate dated 26.2.2015 is appended with the petition as Annexure P-4, dated 26.02.2015. Thereafter, the petitioner-Company took steps for registering the Sale Deeds and the Sale Deeds were ultimately registered on 26.09.2018. The delay in the execution of Sale Deed was on account of the reasons spelled out in Para-8 of the petition, which included certain litigation also, as few of the land owners with whom the Agreement to Sell was executed, showed their reluctant only to register the Sale Deed and the petitioner had to pursue the matter in the Court also. It is further the contention of the petitioner that though the period of permission granted to the petitioner-Company for the utilization of the land under of the 1972 Act was to be counted from the date of registration of the Sale Deed nevertheless on the applications of the petitioner-Company, the permission was extended till 30.09.2018.

2. After the registration of the Sale Deeds, the Company could not immediately put to use/utilize the land as the same entailed various permissions from concerned Authorities and Departments, such as Panchayats concerned, H.P. Town and Country Planning Depar