VidhiSangh

Supreme Court of India · 28/04/2023

THE BELGAUM URBAN DEVELOPMENT AUTHORITY versus DHRUVA & ANR.

[2023] 3 S.C.R. 862 · 2023 INSC 451

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Summary

The development authority could not demand additional plot price for enhanced land-acquisition compensation where the allotment and lease-cum-sale terms contained no clause authorising that recovery. The reference to tentative value, read in context, permitted adjustment for changed plot dimensions. Decisions enforcing express escalation clauses did not support the demand. The allottees’ relief was upheld.

Issues

  1. Whether the allotment and lease-cum-sale terms authorised additional price for enhanced acquisition compensation.
  2. Whether decisions enforcing escalation clauses applied to these agreements.

Held

Result

Appeals dismissed; the High Court’s relief against the additional demands was upheld, subject to the stated qualification for fresh claims by other allottees.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 862.