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AUGUSTINE GEORGE MASIH, SANJIV BERRY
Kandhari Beverages Pvt. Ltd. – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. timeline of land allotment process (Para 2 , 3 , 6) |
| 2. litigation affecting land possession (Para 4 , 5) |
| 3. respondents' justification for land allotment position (Para 7 , 8 , 12) |
| 4. court's assessment of agreement and compliance (Para 10 , 15) |
| 5. petitioner's unsuccessful requests and changing stance (Para 11 , 14) |
| 6. legal basis for allotment cancellation and rates (Para 19 , 20) |
| 7. final conclusion on petition merit and dismissal (Para 21 , 22 , 23 , 24 , 25) |
JUDGMENT
Mr. Sanjiv Berry, J.
Present Writ Petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ of mandamus directing the respondents to hand over the possession of additional allotted land measuring 11.40 acres, adjacent to the existing industrial plot of the petitioner at the original allotment price.
2. The case put forth by the petitioner is that the petitioner company had applied for allotment of industrial plot measuring 30 acres in May-June 2009 for setting up a Bottling Plant at IGC, Saha, District Ambala, Haryana. Vide letter dated 22.07.2009, an industrial plot measuring 20 acres was allotted to the petitioner company out of which 13.40 acres was allotted at
The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.
Petitioners cannot assert rights for land allotments when their claims are contingent on another party's pending applications, especially after such approvals have expired.
Non-compliance with payment schedules in allotment agreements leads to automatic cancellation of rights to the property.
Conditions for land allotment under rehabilitation laws must be reasonable and not arbitrary, especially when they affect the fundamental rights of displaced persons.
A concluded contract requires mutual agreement on essential terms, including payment and delivery, without which claims to the land become unenforceable.
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