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VINOD S. BHARDWAJ
Haryana Urban Development Authority, Sirsa – Appellant
Versus
Bimla Devi – Respondent
| Table of Content |
|---|
| 1. factual background on property allotment. (Para 3 , 4) |
| 2. contentions regarding the enforcement of transfer conditions. (Para 8) |
| 3. analysis of conditions and implications of property transfer. (Para 13 , 15) |
| 4. interpretation of the allotment terms and mandatory conditions. (Para 19 , 20) |
| 5. final decision rejecting the previous award. (Para 34) |
JUDGMENT
Mr. Vinod S. Bhardwaj, J.
The question which arises in the present petition is as to whether the Permanent Lok Adalat (Public Utility Services) can uphold an alienation of property made in violation of the terms & conditions of the letter of allotment and issue a direction to transfer the plot.
2. The instant petition has been filed under Articles 226/227 of the Constitution of India for setting aside of the impugned award dated 15.05.2014(Annexure P-4) passed by respondent No.2-Permanent Lok Adalat, Public Utility Services, Sirsa.
3. Briefly summarised, the facts of the present case are that one plot bearing No.999 measuring 75 sq. meters situated in Sector 20, Part-II, Sirsa was allotted to one Smt. Seeto Devi wife of Late Sh. Bahadar Singh, resident of Village Patli Dabar, Tehsil & District Sirsa vide allotment lett
Point of law: There are any other legally recoverable dues from the petitioner, liberty may also be left to the competent Authorities to do so as per law.
The discretionary allotments made by the CMDA Chairman were invalid; any property transactions based on such allotments are unenforceable, subject to the outcomes of ongoing litigation.
No one can benefit from their own wrongful act, and mis-declaration in securing an allotment renders it improper.
Point of law: Since there is no case that the petitioner had not commenced production immediately after Exts.P1 and P2, the provisions of 'lock-in', even going by the '2020 Rules' cannot apply to the....
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
Agreements to sell land under the Gujarat Tenancy Act, 1948, without prior Collector approval are invalid and unenforceable, making related suits for specific performance unmaintainable.
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