AI Overview...
- Responsibility of Land Owner for ULC Clearance - The land owner or vendor is generally responsible for obtaining necessary clearance from the Urban Land Ceiling (ULC) authorities before executing or transferring land, especially when the land is subject to ceiling laws or restrictions. Several sources highlight that obtaining ULC clearance is a mandatory pre-condition for lawful transfer or development of land. For instance, in Jayant Maniklal Lunawat VS Kamal Arjan Hingorani - Bombay, it is noted that once payment and delivery are accomplished, the responsibility of ULC clearance lies with the owner or vendor. Similarly, in SUO MOTU VS STATE - Gujarat, the court emphasizes that the government or competent authority's clearance is crucial before possession or transfer. Jayshri w/o Rameshchandra Bhore VS Arvind s/o Narayanrao Tarekar - Bombay and Mrs. Jayshri w/o Rameshchandra Bhore vs Arvind s/o Narayanrao Tarekar - Bombay further reinforce that it is the vendor's responsibility to secure ULC clearance, often outlined explicitly in agreements. Failure to produce valid ULC clearance can invalidate transactions or lead to legal disputes.
- Analysis and Conclusion - The responsibility to obtain ULC clearance primarily rests with the land owner or vendor, as mandated by law and contractual clauses. It is essential for landowners to secure this clearance prior to transfer or development to ensure legality and avoid disputes. Courts and legal provisions consistently underscore that obtaining ULC clearance is a prerequisite for lawful transaction, and failure to do so can result in legal invalidity or complications. Therefore, land owners must proactively secure ULC clearance to fulfill their legal obligations and ensure smooth transfer or development of land.
References: - Jayant Maniklal Lunawat VS Kamal Arjan Hingorani - Bombay
- Her Highness Maharani Shantidevi P. Gaikwad VS Savjibhai Haribhai Patel - Supreme Court
- SUO MOTU VS STATE - Gujarat
- Jayshri w/o Rameshchandra Bhore VS Arvind s/o Narayanrao Tarekar - Bombay
- Mrs. Jayshri w/o Rameshchandra Bhore vs Arvind s/o Narayanrao Tarekar - Bombay
Search Results for "Ulc Act Responsibility of Land Owner to Get Clearance"
2018 0 Supreme(Bom) 476 • India - Bombay
S.C.GUPTE
Specific Relief Act - Section 20 - Execution of second - Agreement for sale is terminated - Whether Plaintiffs ... (“Society”) is owner of the suit property - It has executed a lease deed May in favor of Defendants - By a Memorandum of Understanding ... declaration challenging termination of suit contract by Defendants - Respondent Nos. 1 and 2 herein are lesses in respect of a plot of land ... Once payment and delivery are accomplished, the responsibility of ULC clearance was to the a....
2001 2 Supreme 516 • India - Supreme Court
N.S.HEGDE, S.P.BHARUCHA, Y.K.SABHARWAL
, 1872—Section 202—Urban Land (Ceiling and Regulation) Act, 1976—Sections 21 and 42—Agreement between ... Specific Relief Act, 1963—Sections 14(1)(c), 14(1)(d), 20—Contract Act ... But appellant is bound by her undertaking to offer 66 acres of land to Government of Gujarat (Paras 62, 63). ... Plaintiff could not get possession before declaration under Section 21 of the ULC Act. Mr. ... of Section 3 of the Act, right of the holder of....
2002 0 Supreme(Guj) 352 • India - Gujarat
B.C.PATEL, RAVI R.TRIPATHI
Gujarat Co-Operative Societies Act, 1961 - Urban Land (Ceiling and Regulation) Act, 1976 – Section 20- Judgment ... This application is rejected accordingly - Clarification and the later for permission to be owner/lessor of the premises of the basement ... Held, Government file, including various confidential letters - Irregularities and illegalities in connection with allotment of land ... On 3. 8. 94, Chief Executive Officer of the AUDA gave clearance certificate. ... For applicabili....
2019 0 Supreme(Guj) 296 • India - Gujarat
J.B.PARDIWALA
, the Urban Land Ceiling Act was in vogue and at that time, government of Gujarat has declared the said land as non-agricultural ... has first of all to examine : (1) the cause of action in the suit, (2) when the cause of action commences, (3) when the parties act ... ownership of the defendants for the said land, defendants have made an agreement for Sale with development in favour of plaintiffs ... A prayer is also made that if the subject land is considered to be the restricted #HL_....
2022 0 Supreme(Bom) 97 • India - Bombay
S.M.MODAK
Act in a proper spirit - Already there is a dispute about defendants being put in possession of suit land. ... Appellate Court is sustainable in view of impossibility of perfecting title to suit plot in favour of respondents - Plaintiff is vendor/owner ... The defendants have not pointed out any clause from agreement to effect that what will be the use of land by the defendants once ... Society and (iii) clearance from U.L.C. authorities. ... (c) Clause no.13- giving notice under Section 29 of #HL_START....
2022 Supreme(Online)(Bom) 111 • India - High Court of Bombay
S.M. MODAK, J
(iii) clearance from U.L.C. authorities. ... (c) Clause no.13- giving notice under Section 29 of ULC Act to competent authority. 33. All these clauses succinctly lay down that it is the responsibility of the vendor to do necessary compliance. ... Plaintiff contend that it was the responsibility of the defendants whereas defendants contend that it was the responsibility of the plaintiff. On this background when we have read the relevant clauses of the agreement, we may find that it was....
2022 0 Supreme(Bom) 408 • India - Bombay
S. M. MODAK
Code of Civil Procedure, 1908 - Order 20 Rule 12 - Transfer of Property Act, 1882 - Section 53-A, 54 - Income ... Tax Act, 1961 - Section 269 UL – Second Appeal - Doctrine of Frustration - Doctrine of part performance - Suit for recovery of possession ... (b) Not obtaining following NOC/permissions: (i) Income tax clearance certificate. (ii) NOC from Pragati Society. (iii) Clearance from U.L.C. authorities. ... Plaintiff contend that it was the responsibility of the defendants whereas defendants conten....
2007 0 Supreme(AP) 33 • India - Andhra Pradesh
G.S.SINGHVI, BHAVANI PRASAD
Andhra Pradesh Urban Area (Development) Act, 1975 – Sections 8, 12 – Unauthorized Construction – In Writ ... prayed for quashing communication dated 30-3-2005, vide which Vice-Chairman of KUDA rejected the application made for change of land ... Zonal Development Plans not only of the city of Warangal, but also of the other cities of the State so that the law breakers do not get ... ... IRREGULARITY 4: U.L.C. clearance is not produced. ... ... (iv) Valid U.L.C. clearance was not produced. ... (v) The ....
2009 0 Supreme(Bom) 1737 • India - Bombay
SWATANTER KUMAR, S.C.DHARMADHIKARI
the land, can apply for retention-Till the disposal of such application notice will have no effect on retention of works or buildings ... (A) Maharashtra Regional and Town Planning Act, 1966-Sections 45 and 53-Grant/refusal of permission-Order must state the grounds ... is mandatory retirement of the law-In spite of notice issued to owner the person having intention to carry out any development on ... It was also necessary to get clearance of the ULC authority for utilization of the TD....
• India - Andhra Pradesh
V.V.S.RAO
Act, 1882 - Sections 46,47and 48 - Urban Land (Ceiling and Regulation) Act, 1976 - Section 19(1)(iv) - Transfer of Property Act - ... Whether all trustees are bound and should be directed to join in executing sale deed and to get same registered? ... Contract Act, 1872 – Section 55 - Specific Relief Act,1963 - Sections 11(2),13,13(1)(c) - Indian Trusts ... B.14 (tax clearance certificate) B.29 to B.33 (resolutions of the trustees) and Exs. B.16 and B....
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