BRIJ MOHAN & ORS. versus HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.

BRIJ MOHAN & ORS. versus HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.

Where land losers apply for allotment within time, and scheme requires their claims to be invited before sector is floated for sale, the price applicable is that prevailing at the time sector is first floated for allotment, not a later revised rate. HUDA must charge appellants original allotment price as advertised, not later increased price.

Parties
Appellant: Brij Mohan & Ors.; Respondent: Haryana Urban Development Authority & Anr.
Jurisdiction
India
Judgment Date
03 January 2011
Procedural Posture
Civil Appeal / Supreme Court Final Hearing and Judgment
Outcome
Appeal partly allowed
Legal Topics
Allotment of Plots to Land Losers, Normal Allotment Rate, Scheme Implementation, Benefits to Land Losers
Land Acquisition Urban Development Administrative Law Allotment of Plots to Land Losers Normal Allotment Rate Scheme Implementation Benefits to Land Losers

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Parties

Brij Mohan & Ors.

Appellant

Haryana Urban Development Authority & Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Hearing and Judgment

Legal Issues

  1. 1 Whether HUDA should charge only the actual land cost plus development charges for the plots allotted to oustees/land losers, and not the market price/normal allotment price
  2. 2 What is the meaning of 'normal allotment rate' used in the scheme for allotment to oustees

Ratio Decidendi

Where land losers apply for allotment within time, and scheme requires their claims to be invited before sector is floated for sale, the price applicable is that prevailing at the time sector is first floated for allotment, not a later revised rate. HUDA must charge appellants original allotment price as advertised, not later increased price.

Court Disposition

Appeal partly allowed

Orders

  • Orders of Division Bench and Single Judge of High Court set aside
  • Respondents directed to charge rate of Rs.1032/- per sq.m (or Rs.863/- per sq.yd) for six plots allotted to appellants