HARYANA URBAN DEVELOPMENF AUTHORITY & ANR. versus ER. HARSH JAIN & ORS .

HARYANA URBAN DEVELOPMENF AUTHORITY & ANR. versus ER. HARSH JAIN & ORS .

The allottee is liable to pay the cost of land as given in the final letter of allotment, since the government policy regarding unchanged price during the extended period operates prospectively, and does not apply to this case which had already been finalized before the cutoff date of the policy.

Parties
Appellant: Haryana Urban Development Authority; Respondent: Er. Harsh Jain
Jurisdiction
India
Judgment Date
19 July 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Punjab & Haryana High Court in C.w.p. No. 7486 of 1995
Outcome
appeal allowed
Legal Topics
Industrial Plot Allotment, Price Escalation, Government Policy on Land Price, Extension of Allotment Formalities
Property Law Industrial Plot Allotment Price Escalation Government Policy on Land Price Extension of Allotment Formalities

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Parties

Haryana Urban Development Authority

Appellant

Er. Harsh Jain

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Punjab & Haryana High Court in C.w.p. No. 7486 of 1995

Legal Issues

  1. 1 Whether the allottee is liable to pay enhanced price for industrial plot after extension of time for completing formalities
  2. 2 Applicability of government policy regarding unchanged land price during extended period

Ratio Decidendi

The allottee is liable to pay the cost of land as given in the final letter of allotment, since the government policy regarding unchanged price during the extended period operates prospectively, and does not apply to this case which had already been finalized before the cutoff date of the policy.

Court Disposition

appeal allowed

Orders

  • Time extended for payment of the amount with interest at 10% as given in the final letter of allotment for a period of 5 months from the date of judgment.
  • If the first respondent does not pay the amount within the specified time, the writ petition stands dismissed without further reference.