Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

Uddar Gagan Properties Ltd. v. Sant Singh and Ors. - (Supreme Court) (13 May 2016)

“Profiteering” found in HUDA-private developer transaction

MANU/SC/0590/2016

Land Acquisition

An authority acquiring land under the guise of public purpose, but subsequently passing it on to a private builder amounts to acquisition for a private purpose, the Supreme Court held.

The court quashed Haryana Urban Development Authority’s transfer of publicly acquired land to a private builder. Terming the transaction “fraudulent” and “clandestine”, the court the found the same to be “profiteering at the cost of livelihood and existence of a farmer”.

While the judges concurred with the High Court’s earlier ruling which found abuse of power in the matter, they opined instead that the entirety of the acquisition need not be quashed. Transfer of land by HUDA in favour of the builder was cancelled. Sale compensation paid by the builder to land owners will serve as compensation, who will also not be required to refund any amount.

The land in questions was acquired for commercial and residential development as Sectors 27-28 in Rohtak, Haryana. Over 400 acres of farmland was acquired by HUDA and subsequently transferred to Uddar Gagan Properties, the builder-developer.

Relevant : State of Bihar v. Kameshwar Singh MANU/SC/0019/1952 Bangalore City Cooperative v. The State of Karnataka MANU/SC/0091/2012 Mahavir and Anr. v. Rural Institute, Amravati and Anr. MANU/SC/0763/1995

Tags : LAND ACQUISITION   FRAUD   HUDA   PRIVATE USE  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved