D.Dhanraj, v. 1. the T.N.H.B.
Case brief
What is this about?
The court invoked equitable jurisdiction under Article 226 to quash the Board's cancellation order and direct execution of a sale deed in favor of a bona-fide purchaser who constructed a building, subject to payment of doubled guideline value.
What did the court decide?
Impugned cancellation order quashed; second respondent directed to execute sale deed upon petitioner paying Rs.20 lakhs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 24.04.2019
Pronounced on : 20.08.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.Nos.13358 of 1997 & 29604 of 2002
1.D.Dhanraj
rep. by power agent
G.V.Anandan ..Petitioner in W.P.13358 of 1997
2.D.Dhanraj
rep. by power agent
G.V.Anandan ... Petitioner in W.P.29604 of 2002
Vs.
1.The Tamil Nadu Housing Board
rep. by its Managing Director,
Nandanam,
Anna Salai, Chennai-600 035.
..1 st Respondent in both W.Ps.
2.The The Tamil Nadu Housing Board
rep. by its Executive Engineer &
Executive Officer,
II Avenue, Anna Nagar,
Chennai-600 040.
..2 nd Respondent in W.P.No.29604 of 2002
3.The Tamil Nadu Housing Board
rep. by its Allottee Service Manager,
Anna Nagar Division,
Anna Nagar,
Madras-600 040. ..2 nd Respondent in WP.No.13358/2002
and 3 rd Respondent in WP.No.29604/2002
4.Dhanraj S/o.Deivairakkam ..3 rd Respondent in WP.No.13358/2002
and 4 th Respondent in WP.No.29604/2002
R4 herein-impleaded suo moto
vide order dated 30.06.2009 by SNJ in
W.P.No.13358/97 & W.P.No.29604/2002.
PRAYER in W.P.No.13358 of 1997: Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to issue a sale deed to the
Issues for consideration
2 issues framed by the court
Whether a bona-fide intending purchaser who constructed a building on allotted property based on Board's erroneous possession handover is entitled to a sale deed under equitable jurisdiction.
Whether the Housing Board can be compelled to execute a sale deed while compensating the petitioner for escalated land value.
Parties & counsel
- petitioner
D.Dhanraj
- respondent
The Tamil Nadu Housing Board
- respondent
Dhanraj S/o.Deivairakkam
Coram
Case details
As recorded by the court registry
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