The Belgaum Urban Development Authority vs Dhruva & Anr.

Court

Supreme Court of India

Date

28 April 2023

Case No.

Civil Appeal No. 2950 of 2023

Result

Dismissed

Bench

Abhay S. Oka, Rajesh Bindal

Citation

[2023] 3 S.C.R. 862 : 2023 INSC 451

Headnote

Allotment – Allotment of plots – Demand of additional price for the plots was raised from the respondents-allottees on account of enhancement of compensation of the land utilized for carving out the plots allotted – Correctness of – Held: Clause 5 in the allotment letter shows that option was given to vary the price of the plot in case there is change in the size of plot – This clause does not talk about demand of additional price on account of enhancement of compensation on account of acquisition of land for carving of the plots – Even the clauses in the lease-cum-sale agreement also talk about the negotiated price between the vendor (appellantAuthority) and the vendee (respondent) – Sale consideration as such has not been mentioned in the lease-cum-sale agreement however, the price negotiated between the parties is clearly mentioned in the letter of allotment and the same has to be read as part of the leasecum-sale agreement – No merit in the appeals. Shimla Development Authority v. Asha Rani (1996) 8 SCC 487 : [1996] 2 SCR 1065; Tamil Nadu Housing Board and Others v. Sea Shore Apartments Owner’s Welfare Association (2008) 3 SCC 21 : [2008] 1 SCR

370 – distinguished.

Ishwar Dass Nassa & Ors. v. State of Haryana & Ors. (2012) 1 SCC 753 : [2011] 16 SCR 301; Preeta Singh (Km) and others v. Haryana Urban Development

Authority and Others (1996) 8 SCC 756 : [1996] 1 Suppl. SCR 621 – referred to.

The Judgment of the Court was delivered by RAJESH BINDAL, J. 1. This order will dispose of bunch of appeals bearing Civil Appeal Nos. 2950-2952 of 2023. The common judgment of the High Court vide which five Regular Second Appeals were decided has been impugned. From the matters listed before this Court, it is evident that the judgment of the High Court has been challenged only in R.S.A. Nos. 759, 760 and 864 of 2008 and there are no appeals filed in R.S.A. No.758 and 863 of 2008. The learned counsel for the appellant did not point out at the time of hearing that there is any other appeal pen

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