VidhiSangh

Supreme Court of India · 14/07/2025

ESTATE OFFICER, HARYANA URBAN DEVELOPMENT AUTHORITY AND ORS. versus NIRMALA DEVI

[2025] 7 S.C.R. 777 · 2025 INSC 843

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Summary

Oustees whose land was acquired by HUDA in 1992 sued some 14 to 20 years later for mandatory injunctions under Section 39 of the Specific Relief Act, 1963 to compel allotment of plots at the price fixed by the 1992 oustee policy, without having applied in the prescribed format with earnest money. The Supreme Court held that Brij Mohan does not lay down that oustees are always entitled to the rate at which the sector was first floated, that the suits were hopelessly time-barred, and that an oustee must perform his own obligation under the scheme before invoking Section 39; but, in view of HUDA's undertaking, it permitted the respondents to apply under the 2016 policy within four weeks.

Issues

  1. Whether the respondent oustees are entitled to allotment of plots at the rate prescribed by the 1992 oustee policy or at the rate under the revised policy of 2016 (as modified in 2018).
  2. Whether the decision in Brij Mohan v. HUDA lays down as its ratio that the 'normal allotment rate' is always the rate at which the sector was first floated for sale, and how the ratio decidendi of a judgment is to be identified.
  3. Whether suits for mandatory injunction under Section 39 of the Specific Relief Act, 1963 to enforce the oustee scheme were maintainable where the plaintiffs had not applied in the prescribed format with deposit of 10 per cent earnest money, and were instituted 14 to 20 years after the acquisition.
  4. Whether displaced landowners have a constitutional or statutory right to rehabilitation beyond compensation.

Provisions considered

Held

Result

Appeals disposed of with directions: respondents are not entitled as of right to plots at the 1992 policy price; they may within four weeks (no extension) apply online, or physically if unable to apply online, with the requisite deposit under the 2016 policy, and HUDA shall process such applications and decide eligibility within eight weeks of receipt; allotments to carry a condition barring transfer without the competent authority's permission and in any case within five years; State and HUDA to guard against cartels of land grabbers; Registry to circulate the judgment to all High Courts.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 777.