Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Entitlement to Conversion of land from leasehold to freehold |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | U.p. Urban Planning and Development Act, 1973 (11 of 1973) |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Lease: Conversion of land from leasehold to freehold in view of policy formulated by the State – Entitlement to – On facts, allotment of commercial plots to the petitioner company by the State Industrial Development Corporation-UPSIDC, land allotted on 90 years lease basis – Building plan for construction over allotted land sanctioned – Construction completed and issuance of partial completion certificate – Thereafter, policy formulated by the respondent no. 1 for growth of tourism by setting up theme/ amusements parks – Policy laid down conditions and incentives, available to theme parks – Thereafter, proposal by the petitioner for recognition of its project as a theme based mall – Petitioner then sought conversion of the subject land from leasehold to freehold – Non-acceptance of the proposal of the petitioner to convert subject land from leasehold to freehold as per the policy formulated and thereafter amended – Challenge to – Held: When the land had already been leased to the petitioner and the petitioner is also holding the same as lessee under the lease deeds executed for the purpose, no reason, justification, logic or rationale that such leasehold rights be converted into freehold rights – Amended policy relied upon by the petitioner came into existence only after second completion certificate had been issued to the petitioner and, the mall had been put into operation – No stipulation found in the original policy or its amendment that it could be applied with retrospective effect and to override the existing legal rights as also the existing legal obligations - Policy in question with its amendment is of no application whatsoever in relation to the subject land and the project – Thus, the claim of the petitioner for freehold rights in relation to the subject land cannot be accepted – Furthermore, the petitioner seems to have developed a mall on the subject land through private investment and there is no participation of the State Government or any public sector undertaking or any instrumentality of the State therein – Thus, the claim of the petitioner to seek benefits flowing from the Office Memo is struck down. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2023 INSC 260 |
Petitioner | Bhasin Infotech And Infrastructure Private Ltd. |
Respondent | State Of Uttar Pradesh And Anr. |
SCR | [2023] 4 S.C.R. 1053 |
Judgement Date | 2023-03-17 |
Case Number | 82 |
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