VidhiSangh

Supreme Court of India · 10/04/2018

THE ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED AND versus S. N. RAJ KUMAR AND ANOTHER

[2018] 3 S.C.R. 455 · 2018 INSC 323

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Summary

The Supreme Court dismissed APIIC’s appeals against invalidation of its demand for 50 per cent of prevailing plot market value to condone delayed construction. The two-year condition appeared only in allotment letters, not the subsequent agreements or sale deeds conveying absolute title after full payment. Unlike a transfer with an express defeasance condition, those deeds did not permit the asserted action. A new allegation of unauthorised land use could not supplement the original grounds. The demand lacked legal basis.

Issues

  1. Whether the allotment-letter construction deadline survived the later absolute sale deeds.
  2. Whether the demand for half the prevailing market value had a legal basis.
  3. Whether alleged misuse first raised orally could support the impugned action.

Provisions considered

Held

Result

All appeals dismissed with costs; the High Court’s relief against the demand for 50 per cent of prevailing market value stands.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 455.