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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
Hamid – Appellant
Versus
Kailash – Respondent
| Table of Content |
|---|
| 1. disputed land acquisition for ganga express way (Para 2 , 3 , 4) |
| 2. petitioner's contention on specific performance and interest in compensation (Para 5 , 6) |
| 3. nature of agreement to sell under transfer of property act (Para 7 , 8 , 9 , 10 , 11) |
| 4. judicial interpretations of agreements and property rights (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. compensation in lieu of specific performance limited to pending legal rights (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. judgment dismissal and authority's decision upheld (Para 36 , 37) |
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Heard Shri Ashish Kumar Singh and Shri Anas Mahboob, learned counsel for the petitioner, Shri Vivek Saran, learned counsel for the respondent and perused the record.
2. This petition has been filed challenging the order dated 05.07.2025 passed by Land Acquisition Rehabilitation and Resettlement Authority, Meerut in Reference Case No. 381 of 2023 ( Kailash and others v. Hamid and others ).
3. Brief facts of the case are that disputed land is Khasra No. 346 & 426, situated at village Bijwali, Tehsil & District Meerut. Agreement to sell were executed by the recorded tenure holders in favour of the petitione
Agreements to sell do not confer any interest in land, and thus do not entitle the holder to compensation post-acquisition, as per the Transfer of Property Act.
Plaintiff will be deemed to be in shoes of defendant and shall be entitled to amount of compensation, determined and awarded under provisions of Land Acquisition Act. Decree for compensation is passe....
An agreement holder without a registered title cannot challenge land acquisition proceedings or claim compensation under established law.
The doctrine of lis pendens overrides the rights of bona fide purchasers when they acquire property during pending litigation concerning the same property, as established by case law.
Specific performance under Section 20 of the Specific Relief Act is discretionary even when an oral contract is established, allowing for compensation in lieu if deemed appropriate.
Specific performance of a sale agreement executed during a non-alienation clause period is valid if the agreement stipulates fulfillment after the clause's expiration, emphasizing the need for equita....
Agreement to sell – Decree of specific performance can be granted on the basis of oral contract.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
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