VidhiSangh

Supreme Court of India · 21/07/2022

RAMESHWAR AND ORS versus STATE OF HARYANA & ORS.

[2022] 13 S.C.R. 711 · 2022 INSC 738

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Summary

In Rameshwar v. State of Haryana (2018), the Supreme Court set aside Haryana's withdrawal from the Manesar acquisition as a fraud on power. It deemed an award passed for lands 'transferred' between 27.08.2004 and 29.01.2010. Deciding many clarification applications, the Court held that 'transfer' is not limited to sale. It covers collaboration and development agreements, and development licences, by which owners gave up possession and development rights for large sums, keeping only bare title. Such lands fall within the deemed award. Two completed projects were excluded on payment of Rs 5 crore per acre to HSIIDC, and two owners who made no such transactions were excluded. All other claims for exclusion failed, with protection for verified allottees and directions on refunds, valuations and references.

Issues

  1. Whether 'transfer' in paragraph 42 of the main judgment covers only conveyance of title, or also collaboration and development agreements, and development licences, made during the suspect period.
  2. Whether particular projects and lands should be excluded from the award deemed to have been passed on 26.08.2007, and how the interests of allottees, developers, purchasers and HSIIDC should be balanced.

Provisions considered

Held

Result

The applications, contempt petitions and two SLPs were disposed of in terms of the conclusions in paragraph 121(a)-(p). HSIIDC holds the rights of the original developer against allottees who have not paid in full, and the reference courts must decide the 185 pending references within one year.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 711.