HARYANA URBAN DEVELOPMENT AUTHORITY & ANR versus JAGDEEP SINGH

HARYANA URBAN DEVELOPMENT AUTHORITY & ANR versus JAGDEEP SINGH

Clause 9 of the allotment letter authorizes additional price only upon enhancement in cost of land awarded by a competent authority under the Land Acquisition Act; because the land was transferred (not acquired) and there was no such award or evidence of enhancement by a competent authority, the demand for additional price was unlawful and the appeals challenging the trial and first appellate courts' decrees were dismissed.

Parties
Appellant: HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.; Respondent: JAGDEEP SINGH
Jurisdiction
India
Judgment Date
08 May 2023
Procedural Posture
Civil Appeal / Appeal to the Supreme Court From High Court Judgment (rsa No. 1449 of 2009)
Outcome
Appeal dismissed
Legal Topics
Allotment of Plot, Demand of Additional Price, Frivolous Litigation, Interpretation of Contract Clause, Imposition and Recovery of Costs
Property Law Civil Procedure Costs (legal) Allotment of Plot Demand of Additional Price Frivolous Litigation Interpretation of Contract Clause Imposition and Recovery of Costs

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Parties

HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.

Appellant

JAGDEEP SINGH

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court From High Court Judgment (rsa No. 1449 of 2009)

Legal Issues

  1. 1 Whether additional price could be demanded under Clause 9 of the allotment letter where the land was transferred (not acquired) and no enhancement was made by a competent authority under the Land Acquisition Act
  2. 2 Whether the appeal was frivolous and whether exemplary costs should be imposed and recovered from officers who approved further appeals despite existing precedent

Ratio Decidendi

Clause 9 of the allotment letter authorizes additional price only upon enhancement in cost of land awarded by a competent authority under the Land Acquisition Act; because the land was transferred (not acquired) and there was no such award or evidence of enhancement by a competent authority, the demand for additional price was unlawful and the appeals challenging the trial and first appellate courts' decrees were dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed and concurrent findings of the courts below upheld
  • Costs of Rs.100000 imposed on the appellants to be deposited with the Supreme Court Mediation Centre