BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LTD. versus STATE OF UTTAR PRADESH AND ANR.

BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LTD. versus STATE OF UTTAR PRADESH AND ANR.

[2023] 4 S.C.R. 1053 1053 BHASIN INFOTECH AND INFRASTRUCTURE PRIVATE LTD. A v. STATE OF UTTAR PRADESH AND ANR. (Transferred Case (Civil) No. 82 of 2022) MARCH 17, 2023 [DINESH MAHESHWARI AND J. K. MAHESHWARI, JJ.] Lease: Conversion of land from leasehold to freehold in view of policy formulated by the State...

Source-derived case information.

Parties
Petitioner: Bhasin Infotech and Infrastructure Private Ltd.; Respondent: State of Uttar Pradesh; Respondent: Uttar Pradesh State Industrial Development Authority (UPSIDC/UPSIDA)
Jurisdiction
India
Judgment Date
17 March 2023
Procedural Posture
Transferred Case (civil) / Final Judgment Writ Petition Dismissed
Outcome
Writ petition dismissed; petitioner’s request for conversion of leasehold land to freehold denied
Legal Topics
Leasehold to Freehold Conversion, Government Policy Interpretation, Retrospective Application of Policy, Tripartite/bipartite Sub Lease, Tourism/theme Based Mall Policy
Property Law Administrative Law Land Law Public Policy Leasehold to Freehold Conversion Government Policy Interpretation Retrospective Application of Policy Tripartite/bipartite Sub Lease +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bhasin Infotech and Infrastructure Private Ltd.

Petitioner

State of Uttar Pradesh

Respondent

Uttar Pradesh State Industrial Development Authority (UPSIDC/UPSIDA)

Respondent

Procedural Posture

Transferred Case (civil) / Final Judgment Writ Petition Dismissed

Legal Issues

  1. 1 Whether the State tourism policy of 06.11.2013 and its amendment of 03.05.2016 entitled the petitioner to conversion of leased land to freehold
  2. 2 Whether the amended policy could be applied retrospectively to allotments and construction completed before the policy/amendment
  3. 3 Whether absence of minimum State/PSU participation or an SPV precluded applicability of the amended policy

Court Disposition

Writ petition dismissed; petitioner’s request for conversion of leasehold land to freehold denied

Orders

  • Writ Petition No. 3790 of 2022 (High Court) transferred as T.C. (C) No. 82 of 2022 dismissed insofar as it seeks conversion of subject land to freehold
  • First prayer in Crl. M.P. No. 99514 of 2021 in W.P. (Crl.) No. 242 of 2019 seeking directions to convert the land to freehold is rejected