Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894- Land acquisition for development of a city-Formulation of Scheme by State c . Urban Development Authority -Allotment of land to land losers/outsees- Rate to be charged in regard to such allotment-Actual land cost plus development charges for the plots allotted to oustees/land losers or market price/normal allotment price -Held:The Statute contemplates only benefits like solatium, additional amount and higher rate of interest to the land losers and not allotment of plots at cost price- State Government or HUDA also does not have any scheme providing for allotment of plots at actual cost to land losers - HUDA scheme requires the landloser-allottee to pay the normal allotment rates for the plots to be allotted to them under the scheme- Thus, land owners should be allotted plots under the scheme at the initial price at which the Layout/ Sector plots were first offered for sale after the acquisition- Merely because HUDA delayed the allotment in spite of the applications of the outsees and the order of the High Court, and made the allotments only after a contempt petition was filed, does not mean that the outsees become liable to pay the allotment price prevailing as on the date of allotment- HUDA directed to charge for the allotted plots only the rate of Rs. 10321- per sq.m. (or Rs.8631- per sq.yd.)and not the rate as revised in 1993, namely Rs.11221- per sq.yd. 'Normal allotment rate' -- Meaning of. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 2 |
Petitioner | Brij Mohan & Ors. |
Respondent | Haryana Urban Development Authority & Anr. |
SCR | [2011] 1 S.C.R. 12 |
Judgement Date | 2011-01-03 |
Case Number | 1 |
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