VidhiSangh

Supreme Court of India · 26/04/2017

RAMESH CHAND AND ORS. versus M/S. TANMAY DEVELOPERS PVT. LTD. & ORS.

[2017] 3 S.C.R. 282 · 2017 INSC 402

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The developer could not use a discretionary Section 30 acquisition reference to obtain earnest-money refunds while its earlier civil suits on the same disputes were pending. Forfeiture, readiness and willingness and contractual relief required adjudication in those suits. The Court left open whether an agreement holder was a person interested.

Issues

  1. Whether a Section 30 reference should decide refunds already claimed in pending civil proceedings.

Provisions considered

Held

Result

Appeals allowed without costs; High Court order set aside. Compensation disbursement to landowners permitted subject to the civil suits and any resulting refund decree.

Judgment PDF: Supreme Court of India, [2017] 3 S.C.R. 282.