Allowed

Tarsem Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC22 Feb 2011CWP/15205/2009

Case brief

AI extract

What is this about?

The petitioner allottees approached this court directing the State and Improvement Trust to acquire land and execute conveyance deeds. The internal dispute regarding land price and interest payment between stakeholders was resolved by the Ministry, removing the legal embargo. The court directed the Trust to execute deeds and consider other objections within three months.

What did the court decide?

Direct the Ropar Improvement Trust and State of Punjab to execute conveyance deeds and consider objections regarding stamp duty and non-construction fees within three months.

Tarsem Singh and Ors. Vs State of… — Municipal and Town Planning | Punjab & Haryana HC (2011)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.15205 of 2009 (O&M) Date of Decision: 22.02.2011

Tarsem Singh & Ors.

VS.

State of Punjab & Ors.

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. . . . Respondents

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. Puneet Sharma, Advocate for the petitioners

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Ms. Sudeepti Sharma, DAG Punjab

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Mr. Amit Singh, Advocate for respondents No.2&3

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SURYA KANT J. (ORAL)

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(1). The petitioners are allottees/subsequent purchasers of the plots in the Bela Road Development Scheme (Part-I) executed by the Ropar Improvement Trust, Ropar. They have approached this Court seeking a mandamus to direct the State of Punjab/Improvement Trust to acquire the un-acquired land where the Scheme was floated and execute the Conveyance Deed/Sale deed in favour of the allottees. They have also sought direction for issuance of ‘Completion Certificate’ in respect of the houses already built by some of the petitioners in accordance with the Byelaws.

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CWP No.15205 of 2009.doc

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(2).

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The respondents have filed their reply/affidavits revealing that there were some internal disputes with regard to the determination of the price of land and/or payment of interest at compound rate to the Health Department, Government of Punjab as a piece of acquired land for floating the above-stated Scheme by the Improvement Trust was owned by the said Govt. Department.

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(3).

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(4).

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With the intervention of this Court, the stalemate between the Health Department and the Ropar Improvement Trust regarding fixation of price of the land to be transferred by the Health Department to the Improvement Trust has been resolved by the Council of Ministers, State of Punjab and thereafter, a joint meeting of all the Departments/stakeholders was convened on 16.02.2011 to resolve the left out issues including payment of interest to the Health Department, as was directed by this Court vide order dated January 12, 2011 It is stated by learned State counsel as well as learned counsel representing the Improvement Trust that the issue regarding payment of interest etc. has since been resolved.

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(5). That being so, there appears to be no legal embargo against the transfer of the land of Health Department in

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CWP No.15205 of 2009.doc

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favour of the Improvement Trust and/or in execution of the conveyance deed in favour of the allottees/subsequent purchasers subject to fulfillment of terms and conditions of the allotment.

(6).

(7).

(8).

(9).

Let the needful be done within a period of three months from the date of receipt of a certified copy of this order. As regards various other issues raised by the allottees/subsequent purchasers, namely, the Stamp Duty charges for registration of the Conveyance Deed or payment of non-construction fee, suffice it to observe that respondent-Trust or the Registering Authority would be obligated to charge the Stamp Duty strictly in accordance with law and the petitioners may affix/deposit the same without prejudice to their legal rights, if so required. Similarly, the petitioners would be at liberty to represent to the Improvement Trust, Ropar against imposition of non-construction fee/issuance of ‘Completion Certificate’ and on receipt of such representation(s), the Improvement Trust, Ropar is directed to consider and dispose of the same in accordance with its Byelaws/Rules/Policies within a period of three months from the date of its receipt.

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Disposed of accordingly. Dasti .

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CWP No.15205 of 2009.doc

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22.02.2011 (S u r y a K a n t) vishal shonkar Judge

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Tarsem Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

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Tarsem Singh and Ors. v. State of Punjab and Anr.

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What did the court decide?

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