RAMESHWAR AND ORS versus STATE OF HARYANA & ORS.

RAMESHWAR AND ORS versus STATE OF HARYANA & ORS.

The court held that the expression 'transfer' in the main judgment is not confined to sale, lease or formal encumbrance; it includes development and/or collaboration agreements and licences issued for development during the suspect period (27.08.2004 to 29.01.2010). Lands subject to such agreements or licences that impeded enjoyment and possession by landowners were part of the deemed award, subject to specified protective directions for bona fide third-party allottees; specific monetary payments and verification processes were ordered for certain projects (Green Heights, Godrej, Karma, etc.) and certain lands were excluded where appropriate (e.g., R.P. Estates and Subros).

Parties
Appellant: Rameshwar & Ors.; Respondent: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
21 July 2022
Procedural Posture
Civil Appeal / Application for Clarification of Main Judgment (miscellaneous Applications Seeking Clarification/directions)
Outcome
Applications for clarification and related miscellaneous applications disposed of with directions clarifying that 'transfer' includes collaboration/development agreements and licences during the suspect period; various project-specific and general directions issued.
Legal Topics
Meaning of 'transfer' Under Main Judgment, Collaboration/development Agreements, Licenses for Development, Deemed Award Under Land Acquisition Act, Fraud on Power, Third Party Allottees' Protection, Compensation and Restitution
Land Acquisition Property Law Contract Law Administrative Law Meaning of 'transfer' Under Main Judgment Collaboration/development Agreements Licenses for Development Deemed Award Under Land Acquisition Act +3 more

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Parties

Rameshwar & Ors.

Appellant

State of Haryana & Ors.

Respondent

Procedural Posture

Civil Appeal / Application for Clarification of Main Judgment (miscellaneous Applications Seeking Clarification/directions)

Legal Issues

  1. 1 Whether the term 'transfer' in the main judgment (Rameshwar v. State of Haryana (2018) 6 SCC 215) is confined to sale, lease or other encumbrance or includes development/collaboration agreements and licenses issued during the suspect period
  2. 2 Whether lands subject to collaboration agreements and licenses granted during the suspect period fall within the deemed award and vest in HSIIDC/HUDA
  3. 3 What protections and remedies should be afforded to bona fide third-party allottees and purchasers who paid consideration for flats/plots/commercial units

Ratio Decidendi

The court held that the expression 'transfer' in the main judgment is not confined to sale, lease or formal encumbrance; it includes development and/or collaboration agreements and licences issued for development during the suspect period (27.08.2004 to 29.01.2010). Lands subject to such agreements or licences that impeded enjoyment and possession by landowners were part of the deemed award, subject to specified protective directions for bona fide third-party allottees; specific monetary payments and verification processes were ordered for certain projects (Green Heights, Godrej, Karma, etc.) and certain lands were excluded where appropriate (e.g., R.P. Estates and Subros).

Court Disposition

Applications for clarification and related miscellaneous applications disposed of with directions clarifying that 'transfer' includes collaboration/development agreements and licences during the suspect period; various project-specific and general directions issued.

Orders

  • The expression 'transfer' as used in the main judgment (Rameshwar v. State of Haryana (2018) 6 SCC 215) includes development and/or collaboration agreements and licences issued for development during the suspect period (27.08.2004 to 29.01.2010)
  • Lands covered by licences/agreements for Paradise (transferred to Green Heights), Karma (collaboration with Unitech), Ram Pyari, Balbir Singh, Earl and Frontier (used by Godrej), Express Greens (DLF), Kalinga and Innovative are within the scope of 'transfer' unless otherwise directed