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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

UNLESS TITLE OVER LAND IS CRYSTALLISED IN SUIT,...

  • 2022-12-24T06:00:51

UNLESS TITLE OVER LAND IS CRYSTALLISED IN SUIT, PUBLIC PROJECT CANNOT BE STALLED INVOKING ARTICLE 226: SUPREME COURT OF INDIA The Supreme Court has observed that unless and until the title over the property is clear in a pending suit, a project which is to be implemented for a public purpose cannot be stalled in the exercise of power under Article 226 of the Constitution of India. The possession of the land in question was with the respondent by way of a lease deed which was terminated in the year 2002 and against this termination the respondent had already filed a Civil suit for permanent injunction which is still pending adjudication. The Apex Court observed that the High Court erred in entertaining the title of the respondent with respect to the said land was not clear as the lease deed by which the respondent acquired the property had been terminated and the said termination is in question in a suit, still pending. The Apex Court also observed that unless and until, the rights of the original writ petitioner in the land in question are established, which shall be decided in the Civil Suit, which is pending, the writ petition filed by the original writ petitioner could not have been entertained by the High Court. Reddy & Reddy Law Firm advises on matters relating to general laws regulating land and properties in India. It also assists in negotiating, drafting, settling and finalizing agreements relating to the sale and transfer of an interest in land and properties by way of gift, exchange, release, conveyance, assignment, and mortgage. An in-depth knowledge of the industry, coupled with our experience in interacting with several established real estate groups gives our lawyers a cutting-edge advantage.

UNLESS TITLE OVER LAND IS CRYSTALLISED IN SUIT, PUBLIC PROJECT CANNOT BE STALLED INVOKING ARTICLE 226: SUPREME COURT OF INDIA The Supreme Court has observed that unless and until the title over the property is clear in a pending suit, a project which is to be implemented for a public purpose cannot be stalled in the exercise of power under Article 226 of the Constitution of India. The possession of the land in question was with the respondent by way of a lease deed which was terminated in the year 2002 and against this termination the respondent had already filed a Civil suit for permanent injunction which is still pending adjudication. The Apex Court observed that the High Court erred in entertaining the title of the respondent with respect to the said land was not clear as the lease deed by which the respondent acquired the property had been terminated and the said termination is in question in a suit, still pending. The Apex Court also observed that unless and until, the rights of the original writ petitioner in the land in question are established, which shall be decided in the Civil Suit, which is pending, the writ petition filed by the original writ petitioner could not have been entertained by the High Court. Reddy & Reddy Law Firm advises on matters relating to general laws regulating land and properties in India. It also assists in negotiating, drafting, settling and finalizing agreements relating to the sale and transfer of an interest in land and properties by way of gift, exchange, release, conveyance, assignment, and mortgage. An in-depth knowledge of the industry, coupled with our experience in interacting with several established real estate groups gives our lawyers a cutting-edge advantage.

  • 2022-12-24T06:00:51

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