AI Overview...
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Allotment of Land at Vested or Predetermined Rates - The courts have consistently held that there is no vested right in individuals or societies to land allotment at predetermined or specific rates unless a formal demand-cum-allotment letter has been issued. Without such issuance, rights remain discretionary, and allotments are subject to rules and government discretion. SOCIETY FOR EMPLOYMNET AND CAREER COUNSELLING VS CHAIRMAN, DDA - Delhi, JAI BHAGWAN VS UNION OF INDIA - Delhi, RAMANAND VS UNION OF INDIA - Delhi, SATRUGHAN NAYAK VS STATE OF ORISSA - Orissa
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Vested Rights and Land Acquisition - Land acquired and vested in the government or central authority under laws like the Delhi Development Act or Land Acquisition Act does not confer a vested right to individuals for allotment at particular rates. The entitlement arises only upon formal allotment, not merely from land acquisition or vested status. RAMANAND VS UNION OF INDIA - Delhi, NEW MAKRANA MARBLE TRADERS VS UNION OF INDIA - Delhi
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Rates and Additional Price - Allotments made at various rates, often not notified officially, are considered valid if the government does not dispute them. The courts have emphasized that additional prices or revision of rates cannot be enforced retroactively if the allotment was finalized prior to amendments or rate notifications. The concept of vested rights to specific rates at the time of allotment is generally rejected. FEDERATION OF CO OPERATIVE GROUP HOUSING SOCIETY LIMITED VS UNION OF INDIA - Delhi, Bhanwarlal VS State of Raj. - Rajasthan
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Discretionary Power of Authorities - Land allotments are primarily within the discretionary powers of authorities like DDA or GIDC. No individual has a vested right to a specific plot or rate, and allotments are subject to rules, policies, and fairness considerations. JAI BHAGWAN VS UNION OF INDIA - Delhi, K. Raheja Corporation Pvt. Ltd. VS State of Goa - Bombay
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Impact of Rules and Amendments - Amendments to rules, such as the Rajasthan Colonization Act or Delhi Land Rules, influence the rights of allottees, but prior allotments legally finalized remain unaffected. The courts have held that rights cannot be reopened or altered based on subsequent amendments if the original allotment was lawfully made. Bhanwarlal VS State of Raj. - Rajasthan
Analysis and Conclusion:
Generally, the legal framework and judicial rulings establish that there are no vested rights to land allotment at specific or predetermined rates unless a formal allotment or demand letter has been issued. Allotments are governed by government discretion, rules, and policies, and rights accrue only upon official allotment. The rates can be revised or amended, but such changes do not affect rights already finalized unless explicitly provided for. This underscores the discretionary nature of land allotments and the importance of formal issuance of allotment documents to establish vested rights.
Search Results for "Allotment of Additional Land no Vested Right Rates"
2006 0 Supreme(Del) 667 • India - Delhi
Issues: The main issue was the entitlement of societies for allotment of Nazul land at predetermined rates for setting up ... of Nazul land at predetermined rates for setting up higher/technical institutes. ... Nazul Land Rules - Land Allotment - Section 22, Section 56 of Delhi Development Act, 1957 - The judgment discusses the entitlement ... No such demand-cum- allotment letter having been issued, no vested #HL_....
2003 0 Supreme(Del) 492 • India - Delhi
SANJAY KISHAN KAUL
Thus, there would be no vested rights in the petitioners to get the allotment of the alternative plot, but for issuance of this allotment ... In fact, they could not have done so as their right to get the allotment only arise as a consequence of issuance of the allotment ... In fact, they could not have done so as their right to get the allotment only arise as a consequence of issuance of the allotment ... Thus, there would be no #H....
1993 0 Supreme(Del) 411 • India - Delhi
B.N.KIRPAL, ARUN B.SAHARYA, ARUN KUMAR
DELHI DEVLOPMENT ACT 1957 - Section 21 — is not applicable on Nazul land — i.e. the land acquired and vested in Central Govt.- This ... It docs not confer a right of allotment on any particular person. ... at predetermined rates for allotment of alternative plots under the Nazul Rules: ... ... Whether a person whose land has been acquired for planned development of Delhi has got a vested right to the al....
1985 0 Supreme(Raj) 358 • India - Rajasthan
M.C.JAIN
RAJASTHAN COLONIZATION ACT, 1954 - RULES - ALLOTMENT OF LAND - PRE-1967 ALLOTTEES - RIGHTS VESTED - REVISION OF PRICE - NOT PERMISSIBLE ... - ORDER DIRECTING PAYMENT OF ADDITIONAL PRICE - QUASHED. ... under the 1975 Rules, which provided for allotment of 25 Bighas of irrigated land or 50 Bighas of un-irrigated land to Bhakra landless ... The petitioner's case is that the land was, thus, vested in the petitioner. ... Rule 24 would no....
2005 0 Supreme(Del) 870 • India - Delhi
MADAN B.LOKUR
for allotment of four acres of land — DDA allotted only two acres of land due to extreme scarcity of land in Delhi while also ... Constitution of India - Article 226 — Master Plan of Delhi 1990-2000 — Allotment of land for educational institution — Application ... proposing amendment of Master Plan — Held that the Master Plan does not compel DDA to allot only four acres of land — Land rate ... Suffice it to say that the Appellants are not #....
2007 0 Supreme(Raj) 684 • India - Rajasthan
S.N.JHA
additional price — Held — Clause (vii) can be given effect to only from the date of amendment i.e. 4.9.92 — The allotments already ... Rajasthan Colonization Act, 1954, Sec. 3; Rajasthan Colonization (Allotment and Sale or Govt. ... made which had become final in the eye of law prior to that date cannot be reopened and the allottees can not be asked to pay the additional ... The point for consideration is whether the land having been once allotted and price thereof paid, additional pri....
1993 0 Supreme(Del) 218 • India - Delhi
B.N.KIRPAL, ARUN B.SAHARYA
RULE 1981 - Rule 2 (1) Pre-determined rates of the land not notified by Govt. but land allotted at various rates between 1981 to ... DDA (Disposal of Nazul Land) Rules 1981-DDA allotting land at various rates-Govt. never disputing these rates-is estopped from taking ... CONSTITUTION OF INDIA 1950 - Article 19(1)(c)-Rule 41A of Delhi Co-operative Societies Rules 1973 imposes unreasonable restriction on right ... vested#HL_E....
2000 0 Supreme(Del) 239 • India - Delhi
M.K.SHARMA
Finding of the Court: The court found that the petitioners did not have a vested right for allotment of a specific ... Ratio Decidendi: The judgment established that the petitioners did not have a vested right for allotment of a specific plot ... It highlights the discretionary power of the Delhi Development Authority in allotting land and the absence of a vested right for ... He submitted that thepetitioners had no ves....
1996 0 Supreme(Ori) 111 • India - Orissa
P.K.MOHANTY, SUSANTA CHATTERJI
Whether the petitioners had a vested right to allotment at the price prevailing on the date of drawal of lots? ... The court held that the petitioners did not have a vested right to allotment at the price prevailing on the date of drawal of lots ... , escalation in labour, materials and tender from time to time, additional works taken by or increased in providing external infrastructures ... right to allotment on the drawal of lots.....
2010 0 Supreme(Bom) 1655 • India - Bombay
F.M.REIS, A.S.OKA
The allotment of the public properties vested in the GIDC can be made only in a fair and transparent manner and that also in public ... Therefore, the action of allotment of large tracts of land to the companies will have to be tested on the touchstone of reasonableness ... of land under Land Acquisition Act for Industrial development-Lands vested in GIDC-Public properties-GIDC cannot allot such land ... The allotment of the public ....
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