VOLTAS LIMITED versus TEHSILDAR, THANE & ORS.

VOLTAS LIMITED versus TEHSILDAR, THANE & ORS.

The appellant-company did not breach terms and conditions of the order of allotment as the State Government expressly permitted change of land use and development for housing purposes; neither the allotment order nor the housing scheme stipulated any charge on unearned income; impugned orders were passed without affording notice or hearing, violating the Rules of Natural Justice.

Parties
Appellant: Voltas Limited; Respondents: Tehsildar, Thane & Ors.
Jurisdiction
India
Judgment Date
08 November 2012
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Bombay High Court in Writ Petition No. 1481 of 2002
Outcome
Appeals allowed
Legal Topics
Land Allotment Terms, Rules of Natural Justice, Urban Land Ceiling, Unearned Income Charge, Housing Scheme, Government Permissions
Land Acquisition Administrative Law Land Allotment Terms Rules of Natural Justice Urban Land Ceiling Unearned Income Charge Housing Scheme Government Permissions

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Parties

Voltas Limited

Appellant

Tehsildar, Thane & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Bombay High Court in Writ Petition No. 1481 of 2002

Legal Issues

  1. 1 Whether appellant-company breached terms and conditions of the order of allotment
  2. 2 Whether demand for 50% of unearned income was legal and valid
  3. 3 Whether appellant-company was entitled to a hearing before penal orders were passed

Ratio Decidendi

The appellant-company did not breach terms and conditions of the order of allotment as the State Government expressly permitted change of land use and development for housing purposes; neither the allotment order nor the housing scheme stipulated any charge on unearned income; impugned orders were passed without affording notice or hearing, violating the Rules of Natural Justice.

Court Disposition

Appeals allowed

Orders

  • Impugned orders and demand notice dated 6.3.2002 issued by the Collector, and High Court order are set aside.
  • Matters remitted to the Competent Authority to decide whether the Company is liable to pay any amount towards part of the unearned income.