Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872 — s. 306 — Contract impossibie of performance Contract Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contract Act,1872 — s. 306 — Contract impossibie of performance — Auction of ‘residential’ land by DDA on ‘as is where is’ basis — For construction of houses — Bid of the respondent-builder ° accepted — Project land allotted and possession thereof. given to builder — Development agreement between DDA and the builder -— As per agreement various approvals and clearances from the appropriate authorities including environmental agencies was - responsibility of the builder - The development work on project land objected to by Department of Forests of Government of National Capital Territory (GNCTD) on the ground that the land fell in the Ridge and.hence construction without consent of Ridge Management Board and permission of the Supreme Court not allowed — Ministry of Environment and Forest, Government of India gave environment clearance subject to condition that Delhi Pollution Control Committee (DPCC) gave “consent to establish” - However, DPCC refused to give “consent to establish” in absence of “ridge demarcation report” — Builder also could not obtain “ridge . demarcation report” — Builder's writ petition under Art. 226 of Constitution for setting aside of auction, for declaration that project was incapable of performance and sought refund of the amount paid to DDA — High Court held that if DPCC did not permit construction activity, the builder was entitled to refund of the entire. amount deposited with DDA — Even after the judgment of High Court, DPCC refused to grant “consent to establish” — Appeal by DDA and also by GNCTD and DPCC — Held: Despite the fact that builder took all the necessary steps to commence the construction activity, it could not proceed the development activity due to the impasse created by the Government agencies ~ Thus the development agreement between DDA and the builder was frustrated having . become impossible of performance within meaning of s.56, due to |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 458 |
Petitioner | Delhi Development Authority |
Respondent | Kenneth Builders & Developers Ltd. & Ors. |
SCR | [2016] 3 S.C.R. 1126 |
Judgement Date | 2016-06-29 |
Case Number | 5370 |
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