Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Cancellation of Contracts Due to Payment Issues - Contracts, including tenders and auction processes, can be canceled if the payment conditions are not met or if the payment is not made within stipulated deadlines. For example, the tender for Housekeeping & Scavenging was canceled after evaluation despite quoting the same price as in the schedule, due to non-compliance with payment terms Chandan Sengupta VS State of West Bengal - Calcutta.
Payment of Supset Price Not a Guarantee for Cancellation Prevention - Simply paying the superseding amount or price does not automatically prevent contract or tender cancellation. Authorities may cancel based on procedural lapses, non-payment, or failure to adhere to deadlines, regardless of the amount paid Hyderabad Urban Development Authority, rep. , by its Vice Chairman, Hyderabad VS S. V. Castle Creators & Engineers Private Limited - Telangana, Agarwal Distributors VS Rajasthan State Mines And Minerals Limited - Rajasthan.
Auction and Sale Cancellations - Auction or sale processes can be canceled by authorities due to technical reasons, non-compliance, or procedural irregularities. The deposit of full sale proceeds or failure to deposit within prescribed timelines can lead to automatic or discretionary cancellation Ram Omprakash Patil VS Secretary , Govt. of India - Bombay, Agarwal Distributors VS Rajasthan State Mines And Minerals Limited - Rajasthan.
Government Discretion and Procedural Compliance - The government retains the right to cancel contracts, tenders, or allotments if procedural requirements are not fulfilled, even after payment of the superset price. Cancellation decisions are often based on compliance, procedural lapses, or policy considerations rather than mere payment Hyderabad Urban Development Authority, rep. , by its Vice Chairman, Hyderabad VS S. V. Castle Creators & Engineers Private Limited - Telangana, Central Inland Water Transport Corporation LTD. VS Brojo Nath Ganguly: Tarun Kanti Sengupta - Supreme Court.
Specific Cases Indicate Cancellation Despite Payment - In several instances, authorities canceled licenses, leases, or contracts after or despite payments, citing reasons such as procedural violations, non-compliance, or technical issues, emphasizing that payment alone does not guarantee immunity from cancellation Arvind Kumar Pandey VS State Of U. P. - Allahabad, Sigma Minerals Limited VS State Of Rajasthan - Rajasthan.
Analysis and Conclusion:Payment of the superset price to the government does not inherently guarantee the cancellation or continuation of a contract or tender. Cancellation can occur due to procedural lapses, non-compliance with deadlines, or procedural irregularities, regardless of whether the full amount has been paid. The government has the discretion to cancel or revoke contracts based on these grounds, and payment alone is insufficient to prevent such actions. Therefore, the ability to cancel a grant or contract depends on adherence to procedural requirements and not solely on payment of the superset price.
In the complex world of land laws in India, particularly concerning grants to Scheduled Castes (SC) and Scheduled Tribes (ST), questions about revocation often arise. One common query is: Can the Grant be Cancelled upon Payment of Upset Price to the Government? This issue touches on concessional land allocations, non-alienation restrictions, and government powers. While payment of the upset price might seem like a straightforward transaction, it does not automatically trigger cancellation of the original grant. This blog post delves into the legal nuances, drawing from key statutes and case references to provide clarity.
Note: This article offers general information based on legal documents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
Land grants, especially those under schemes for SC/ST communities, are typically concessional transfers governed by specific rules. Under the Mysore Land Revenue Code, 1888, particularly Rule 43-G, and the Karnataka SC & ST (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act), these grants come with stringent conditions. These often include non-alienation clauses, prohibiting sale or transfer for a defined period to protect beneficiaries NIRVANAPPA VS DEPUTY COMMISSIONER, HASSAN DISTRICT - 2004 0 Supreme(Kar) 579PUTTAVEERAIAH VS STATE OF KARNATAKA - 1996 0 Supreme(Kar) 16.
The upset price refers to the minimum or reserved price set at the time of grant or auction, frequently at a concessional rate for eligible beneficiaries NIRVANAPPA VS DEPUTY COMMISSIONER, HASSAN DISTRICT - 2004 0 Supreme(Kar) 579. Payment of this price is a procedural requirement during the grant process or subsequent transfers, but it does not inherently revoke the original grant.
Main Legal Finding: A grant of land, once made, cannot be revoked solely upon payment of the upset price to the government, unless the grant was made under conditions that explicitly allow revocation or cancellation upon such payment. Generally, payment of the upset price or consideration does not automatically nullify or revoke the original grant NIRVANAPPA VS DEPUTY COMMISSIONER, HASSAN DISTRICT - 2004 0 Supreme(Kar) 579.
Key points include:- The original land grant is a concession or transfer under specific conditions, including non-alienation clauses or other restrictions.- Payment of the upset price relates to transfer or sale but does not inherently lead to revocation.- Revocation depends on explicit conditions in the grant permitting it upon payment or other acts PUTTAVEERAIAH VS STATE OF KARNATAKA - 1996 0 Supreme(Kar) 16.
In one referenced document, it is clarified: grants made under Rule 43-G are concessional, with non-alienation clauses, and that sale or transfer within prohibited periods is invalid; it does not suggest that payment of upset price revokes the original grant NIRVANAPPA VS DEPUTY COMMISSIONER, HASSAN DISTRICT - 2004 0 Supreme(Kar) 579.
Revocation or cancellation of a grant typically occurs due to breach of conditions, such as alienation within the prohibited period, not mere payment. For instance, in a discussed case, the sale was declared null and void due to contravention of non-alienation conditions, not because of payment of upset price SHIVAPPA VS DEPUTY COMMISSIONER, SHIMOGA - 1991 0 Supreme(Kar) 406. Courts remit proceedings to assess if the grant was for upset price or reduced rate, but payment itself does not trigger automatic revocation PUTTAVEERAIAH VS STATE OF KARNATAKA - 1996 0 Supreme(Kar) 16.
Additional sources reinforce that payment alone does not equate to cancellation. In SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS STATE OF KARNATAKA - 2024 Supreme(Kar) 535 - 2024 0 Supreme(Kar) 535, it states: where the grant has been cancelled for non-payment of upset price, the Deputy Commissioner may restore the grant on payment of upset price with a penalty of 10 per cent of the upset price. This highlights restoration upon payment after cancellation for non-payment, not cancellation upon payment.
Similarly, Madhav Institute of Technology and Science VS Cimmco Birla Ltd. Gwalior and others - 2013 Supreme(MP) 292 - 2013 0 Supreme(MP) 292 notes: There is no mention to the effect that the grant can be cancelled subsequently, hence, it is an absolute grant. This underscores that absent explicit terms, grants remain intact despite payments.
In contract and allotment contexts, cancellations often stem from procedural lapses or non-compliance, not payment fulfillment. For example, allotments may be cancelled for delayed installments, regardless of eventual payment Trishul Construction Co. VS City Industrial and Development Corporation of Maharashtra Ltd. - 2024 Supreme(Bom) 616 - 2024 0 Supreme(Bom) 616, emphasizing: whether the said allotment cannot be automatically cancelled? ... allotment of the subject plot has been cancelled.
Governments retain discretion to cancel grants for breaches, but payment of upset price does not constitute a breach. Exceptions arise if:- The grant explicitly allows revocation upon payment.- There is violation of non-alienation periods or other terms NIRVANAPPA VS DEPUTY COMMISSIONER, HASSAN DISTRICT - 2004 0 Supreme(Kar) 579.- Authorities follow due process, providing a hearing before cancellation SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS STATE OF KARNATAKA - 2024 Supreme(Kar) 535 - 2024 0 Supreme(Kar) 535.
Other scenarios show cancellations despite payments due to irregularities, such as in tenders or auctions Indore Vikas Praadhikaran (Ida) VS Humud Jain Samaj Trust - 2024 Supreme(SC) 1092 - 2024 0 Supreme(SC) 1092, where by no stretch of imagination, his bid could have been cancelled as he was the highest bidder, yet procedural issues prevailed. This pattern holds: payment is necessary but insufficient without full compliance.
Exploring further, contracts and tenders illustrate similar principles. Cancellation often occurs for:- Non-deposit of installments within deadlines Trishul Construction Co. VS City Industrial and Development Corporation of Maharashtra Ltd. - 2024 Supreme(Bom) 616 - 2024 0 Supreme(Bom) 616.- Procedural non-compliance, even post-payment Badavath Sarada VS State of Telangana - 2024 Supreme(Telangana) 514 - 2024 0 Supreme(Telangana) 514.- Policy or technical reasons, irrespective of price paid Balraj Agro Industries VS State of Assam - 2024 Supreme(Gau) 80 - 2024 0 Supreme(Gau) 80.
In land-specific cases, like S. Sundaresh VS State of Karnataka - 2015 Supreme(Kar) 1278 - 2015 0 Supreme(Kar) 1278, grants were cancelled without renewal orders, but not linked to upset price payment. Another example KAMUBEN NATHUBHAI KATARA VS STATE OF GUJARAT - 2015 Supreme(Guj) 1029 - 2015 0 Supreme(Guj) 1029 stresses protection against obstructions, not automatic cancellation on payment.
These insights confirm: Payment of the upset price does not guarantee against cancellation nor trigger it automatically. Authorities act on breaches or lapses, maintaining procedural integrity Sanjib Dhawan, Surendra Kumar Dhawan VS State of U. P. - 2005 Supreme(All) 1162 - 2005 0 Supreme(All) 1162.
To navigate these issues:- Scrutinize grant documents for explicit revocation conditions.- Seek legal advice before assuming payment revokes or protects the grant.- Ensure compliance with non-alienation periods and payment timelines.- Authorities should provide hearings and base actions on breaches, not mere payments SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD. VS STATE OF KARNATAKA - 2024 Supreme(Kar) 535 - 2024 0 Supreme(Kar) 535.
Parties involved in SC/ST grants under Mysore/Karnataka laws should particularly note PTCL Act protections PUTTAVEERAIAH VS STATE OF KARNATAKA - 1996 0 Supreme(Kar) 16.
In summary, based on the analyzed legal documents, a land grant cannot be automatically cancelled upon payment of the upset price to the government. Revocation hinges on breaches of specific conditions and lawful exercise of authority, not the payment act itself. This principle safeguards concessional grants while upholding rule-based governance.
Key Takeaways:- Upset price payment is procedural, not revocatory.- Non-alienation clauses dominate validity NIRVANAPPA VS DEPUTY COMMISSIONER, HASSAN DISTRICT - 2004 0 Supreme(Kar) 579.- Always verify grant terms and consult experts.- Governments must follow due process for any cancellation.
Understanding these dynamics can prevent disputes and ensure compliance. For personalized guidance, reach out to a legal professional familiar with land revenue laws.
#LandGrantLaw #UpsetPrice #LegalInsights
authority could not permit any deduction from such payment. ... Such contracts were awarded by the Health and Family Welfare Department and the present tendering authority who had cancelled the NIT No. 2075 also belonged to the same department of the government. ... Galib that the petitioner had quoted exactly the same price as stated in the price schedule of the NIT. ... The authority cancelled....
However, respondent No.2 had issued notice on 08.12.1996 directing the petitioner to make the payment on or before 10.01.1997, failing which the allotment will be cancelled without any notice. ... Submissions of learned Special Government Pleader for appellants: 5.1. ... 4.2 Thereafter, on 08.12.1996, respondent No.2 issued notice informing the petitioner to make the payment on or before 31.12.1996, failing which allotmen....
of time, (c) whether the current sale price of the plots was more than the sale price plus interest, (d) what is the effect of not depositing the second installment within the prescribed time as per Rules and (e) whether the said allotment cannot be automatically cancelled ? ... allotment of the subject plot has been cancelled. ... Janak Dwarkadas, it is, thus, clear that the rate per square metre along with the delayed #H....
The disposal of the immovable property is subject to the sale proceeds being credited into the account of the Central Government. In the present case, the stage for depositing the complete sale proceeds had not yet arrived and prior to that auction sale was cancelled. 13. ... Subsequently, Respondent No.3, under the order dtd. 18/8/2022 cancelled the auction conducted by Respondent No.2 due to technical reasons. ... (3) If the property rem....
He further submitted that after conducting the proper inquiry petitioner's Fair Price Shop License has been cancelled according to the procedure prescribed under Control Order/ Government Order/Rules. 8. ... Respondent No.4/ District Supply Officer, Ballia, vide order dated 25.07.2017, cancelled the fair price shop license of the petitioner. ... Learned counsel for the petitioner submitted that petitioner....
Grant of Mining Lease.-(1) The preferred bidder shall submit the first instalment being ten per cent. of the upfront payment as per rule 11. ... (5) The successful bidder shall pay the third instalment being eighty per cent. of the upfront payment subsequent to execution of the Mine Development and Production Agreement, and upon such payment the State Government shall grant a mining lea....
09.03.2023 issued by the Government of Assam. ... However, the same was cancelled in view of the interim order dated 12.04.2023 passed by this Court. ... Reasonableness is best gauged in relation to the estimated price which the committee has not mentioned. ... The petitioner has now put to challenge the impugned order dated 21.03.2023, by which the tender process was cancelled and prayed for issuance of a work order in fa....
(3) The payment of balance of the price/premium, rate of interest chargeable and the recovery of interest shall be in the same manner as provided in sub-regulations (6) and (7) of Regulation 5. ... Respondent No. 1 before the High Court stated that by no stretch of imagination, his bid could have been cancelled as he was the highest bidder. ... Government is the guardian of the finances of the State. It is expected to pro....
of Government servants from being appointed as fair-price shop dealers. ... If really the State Government intended to prevent close relatives of Government servants to be appointed as fair-price shop dealers, there was no necessity for the Government to couch the instructions in the manner in which it has, as noticed supra. ... in the said Government Order for cancella....
Thereafter, the respondent-RSMML increased the price, as mentioned above, and then in an arbitrary manner cancelled the contract. 14.1. ... The respondents vide the impugned order dated 24.03.2022 increased the price of Rs. 500/-PMT and the said price shall be made effective on the physical dispatches from 25.03.2022 onwards. Thereafter, the respondent vide the impugned order 22.08.2022, cancelled the who....
(v) for contravention of any of the above conditions the grant shall be liable to be cancelled and resumed to Government free from all encumbrances by the authority granting the land: Provided that before cancelling the grant, the grantee is afforded with an opportunity of being heard. Provided further that where the grant has been cancelled for non-payment of upset price, the Deputy Commissioner may restore the grant on payment of upset price with a penalty of 10 per cent of the ups....
As far as the grant of the land to Sundaresh is concerned, it is the contention of Sri Sampath Kumar that the land in question is a converted land; conversion fee is also paid. As it has lost its agricultural character long ago, it is not available for being granted to anybody at this juncture. Without passing any order on the renewal application, the land grant has come to be cancelled. 7. He submits that the said Trust has made an application for the renewal of the grant.
However, it is clearly written by the Government that if some hooligans take the law into their hands and harass the schedule caste land and did not allow the implementation of the grant and if one such a ground, the grant is cancelled, then it may be taken as failure on the part of the District Officers and that full protection should be given to the appellant and to see that nobody obstructs her in doing cultivation and the Government may be informed immediately. Even if the matter is consid....
In the agreement, which was executed between the Company and the Gwalior State through its Minister, Industries and Commerce Department. There is no mention to the effect that the grant can be cancelled subsequently, hence, it is an absolute grant. There are terms and conditions mentioned in the lease deed executed between the petitioner company and the State of M.P. in the year 1961. There is no averment in the return filed by the State that what terms and conditions were br....
the conclusion that the petitioner has violated the terms and conditions of the agreement. ( 10 ) PERUSAL of the impugned order shows that only one inspection by the Deputy Commissioner entertainment Tax has been made basis for arriving to! ( 9 ) IN view of the aforesaid decision of the Apex Court it is held that the grant-in-aid to the petitioner can not be cancelled with retrospective effect. It can be cancelled with prospective effect and no demand can be made for the earlier peri....
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