Hi,

Does any one know the current status of SPR road in Gurgaon? I am not sure when it is expected to be complete and whether construction has started or not?

Also, is there any hurdles (Court Stay) that anyone is aware off?

Please share some information if you have.

- Thanks in Advance
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  • Originally Posted by kiranmahajan
    Next date is 7th May, 2015, status pending. Will report when details of interim order is available.


    CM-13507-2013 in and CWP-2367-2009

    Rambir and others vs. State of Haryana and others
    Present: Mr. Kulbhushan Sharma, Advocate for the petitioners
    Ms. Palika Monga, Deputy Advocate General, Haryana
    Mr.Servedaman Rathore, Advocate for HUDA
    ..
    Adjourned to 07.05.2015.
    (S.J. VAZIFDAR)
    ACTING CHIEF JUSTICE
    12.02.2015 (HARINDER SINGH SIDHU)
    parkash* JUDGE
    CommentQuote
  • Originally Posted by ultichakri
    Both cases are different, one is unauthorized colony constructed on agricultural land in plot formation and second is houses constructed for agricultural on purely in agricultural land.

    In case of NPR, outsees are loosing their house which is only property they have whereas in SPR case outsses are loosing their house and partial land also.

    Though, SPR outsees may still demand the plots at free of cost and compensation at rate of 1 Lac PSY for houses and whatever suitable they felt.

    As far as POA is concern than whoever is present owner has become only after paying out the consideration amount which can't be ruled out. Also, these GPA/SPA supersede the existing registries which is already recorded in revenue records.


    I again reiterated that practical solution being working out but where is the land in sector 110a to rehabilitate. If some-how both parties reached on amicable solution despite that HUDA can't proceed further.


    Hi
    Greetings

    SPA/GPA does not tantamount to ownership, right to property, title of property, right to resale and is concluded emphatically by honble SC..

    Without paying revenue to state, any other consideration does not bring title of property to the SPA/GPA/WILL/Assignee etc.

    Naush farmaiye!!! Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr on 11 October, 2011

    By an earlier order dated 15.5.2009 , we had referred to the ill - effects of what is known as General Power of Attorney Sales (for short `GPA Sales') or Sale Agreement/General Power of Attorney/Will transfers (for short `SA/GPA/WILL' transfers). Both the descriptions are misnomers as there cannot be a sale by execution of a power of attorney nor can there be a transfer by execution of an agreement of sale and a power of attorney and will. As noticed in the earlier order, these kinds of transactions were evolved to avoid prohibitions/conditions regarding certain transfers, to avoid payment of stamp duty and registration charges on deeds of conveyance, to avoid payment of capital gains on transfers, to invest unaccounted money (`black money') and to avoid payment of `unearned increases' due to Development Authorities on transfer.

    येह तो वोही बात हो गई:
    ना नौं मन तेल होगा
    ना बिल्ली के सिरहाने दहीं जमेगा

    :D;)

    Cheers
    :D;)

    Cheers
    :D;)

    Cheers
    :D;)

    Cheers
    CommentQuote
  • Originally Posted by BlessU
    Hi
    Greetings

    SPA/GPA does not tantamount to ownership, right to property, title of property, right to resale and is concluded emphatically by honble SC..

    Without paying revenue to state, any other consideration does not bring title of property to the SPA/GPA/WILL/Assignee etc.

    Naush farmaiye!!! Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr on 11 October, 2011



    येह तो वोही बात हो गई:
    ना नौं मन तेल होगा
    ना बिल्ली के सिरहाने दहीं जमेगा

    :D;)

    Cheers



    Over this verdict, in 2013 SC validate all POA executed before 2011 (better to refer latest verdict)

    This is not main concern the issue is where is the land to rehabilitate in sector 110a.

    An important point to be noted down that land owners of sector 110a owns SPA/sale deed not even GPA despite that PHHC quash the land acquisition. This issue is only highlighted by HUDA so that they can hide their failure otherwise this matter doesn't stand in court for more than couple of hearing.
    CommentQuote
  • Chakaravarty sahab,
    Why don't you post SC verdict of 2013 if there is any?

    How you know there is no land in 110a sec, you have any proof to justified.
    CommentQuote
  • Originally Posted by Khalsa
    Chakaravarty sahab,
    Why don't you post SC verdict of 2013 if there is any?

    How you know there is no land in 110a sec, you have any proof to justified.


    Hi
    Greetings

    My friend ULTI is not chakarvarty

    No one will be able to bring any SC judgement which calls GPA/SPA as a valid document for title of property.

    Rather a simple google search will give negative views of SC against power of attorney sale

    General power of attorney doesn’t convey any right or title - Livemint

    No property sale on power of attorney: Supreme Court : North, News - India Today

    What is latest supreme court judgement of sale of property thru gpa sa

    The villagers holding land in their name have a much better chance for securing a reasonable compensation. GPA/SPA holders will have to go to SC and probably be disappointed.

    येह तो वही बात हो गयी
    बिल्ली के भागों छींका टूटा
    बिल्ली निकली कॅलरी कॉन्षियस!!!


    Cheers
    CommentQuote
  • Originally Posted by BlessU
    Hi
    Greetings

    My friend ULTI is not chakarvarty

    No one will be able to bring any SC judgement which calls GPA/SPA as a valid document for title of property.

    Rather a simple google search will give negative views of SC against power of attorney sale

    General power of attorney doesn’t convey any right or title - Livemint

    No property sale on power of attorney: Supreme Court : North, News - India Today

    What is latest supreme court judgement of sale of property thru gpa sa

    The villagers holding land in their name have a much better chance for securing a reasonable compensation. GPA/SPA holders will have to go to SC and probably be disappointed.

    येह तो वही बात हो गयी
    बिल्ली के भागों छींका टूटा
    बिल्ली निकली कॅलरी कॉन्षियस!!!


    Cheers



    Thanks for declaring me not CHAKRVARTY...

    I shall provide the case details once uploaded.

    In this case SC clearly stated that executing court and HC incorrectly interpret GPA holders validity order in Suraj Lamp case and not applicable for the genuine transaction (including other than blood relation) did before 2011.
    CommentQuote
  • Originally Posted by ultichakri
    Thanks for declaring me not CHAKRVARTY...

    I shall provide the case details once uploaded.

    In this case SC clearly stated that executing court and HC incorrectly interpret GPA holders validity order in Suraj Lamp case and not applicable for the genuine transaction (including other than blood relation) did before 2011.


    Hi
    Greetings

    SC has allowed a window for genuine transactions can be validated ONLY IF REGULARISED through conveyance deed and on payment of stamp duty, by relevant DEVELOPMENT AUTHORITY..

    However this pertains to GPAs pertaining to DDA/approved developments and not UNAPPROVED LAL DORA, village properties being used for residential purposes. Practically, regularised properties which are floating through multiple hands/lying with brokers, on bayana/GPA NEED to be finally registered to transfer title.
    or
    GPA/SPAs pertaining to execution of conveyance deeds of legally approved properties, in favour of relatives
    or
    GPA/SPA issued in favour of developers by land owner/builders for further sale of legally approved and licensed areas

    येह तो वही बात हो गयी
    मेरी बिल्ली मुझे ही म्याऊँ
    यो यो हानि सिंग के गाने गाऊँ

    ;):D


    Cheers
    CommentQuote
  • Originally Posted by BlessU
    Hi
    Greetings

    SC has allowed a window for genuine transactions can be validated ONLY IF REGULARISED through conveyance deed and on payment of stamp duty, by relevant DEVELOPMENT AUTHORITY..

    However this pertains to GPAs pertaining to DDA/approved developments and not UNAPPROVED LAL DORA, village properties being used for residential purposes. Practically, regularised properties which are floating through multiple hands/lying with brokers, on bayana/GPA NEED to be finally registered to transfer title.
    or
    GPA/SPAs pertaining to execution of conveyance deeds of legally approved properties, in favour of relatives
    or
    GPA/SPA issued in favour of developers by land owner/builders for further sale of legally approved and licensed areas

    येह तो वही बात हो गयी
    मेरी बिल्ली मुझे ही म्याऊँ
    यो यो हानि सिंग के गाने गाऊँ

    ;):D


    Cheers



    SC Verdict for GPA case in 2013


    https://drive.google.com/file/d/0B8eWmrlk2ffoSldGclVnMGFwZkU/view?usp=sharing

    नौ जाने छ जनबे न करे
    CommentQuote
  • My friend your above link is not working.
    Why don't you post it like BlessU,posted so every can read.
    CommentQuote
  • Originally Posted by ultichakri


    SC Verdict for GPA case in 2013


    https://drive.google.com/file/d/0B8eWmrlk2ffoSldGclVnMGFwZkU/view?usp=sharing

    नौ जाने छ जनबे न करे


    Hi
    Greetings

    The court clearly distinguishes between genuine and that obtained through collusion.. The case argues to establish that the GPA was genuine. However, WHO CAN CONFIRM THAT SPA/GPAs in NPV are genuine and not collusive and to defraud the courts, to save on stamp duty and meant to hide ill gotten black money??

    On SPR, the farmer owns the land by virtue of inheritance and has an established socio-economic set up there. His forefathers have tilled that land and their subsistence matters a lot out of land in their possession.

    In case of NPV it is not the case, these are plots which have been cut out of a parcel of land and sold to individuals without genuine and legitimate deed of conveyance.. The land is agricultural and not part of planned development, the owners are not subsistant on the land, they dont live there in case of empty plots, those who live there did not belong to that place, they came from outside and bought the land for living as it was cheap and close to their place of work/business, there forefathers never tilled that land, their social/family system does not depend on that place..

    Further in the judgement being relied by you, the hon court clearly outlines what constitutes a GENUINE SALE through GPA, BUT THIS IS AGAIN A WINDOW PROVIDED TO GET THE SALE REGISTERED AND REGULARISED THROUGH A VALID DEED OF CONVEYANCE AND DOES NOT GIVE A BLANKET RIGHT TO THE TITLE OF THE PROPERTY IN SUCH CASES OF GPA/SPA, EVEN IF GENUINE.

    FROM YOUR SHARED JUDGEMENT
    “27. We make it clear that our observations
    are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions.
    For example,
    -a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance.
    -A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of
    sale and grant a power of attorney empowering the developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of
    prospective purchasers.
    -In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty.
    Our observations regarding “SA/GPA/will transactions” are not intended to apply to such bona fide/genuine transactions.”


    For that reason.... your argument is flawed

    येह तो वोही बात हो गयी
    बिल्ली को जो हुआ चूहे से लव प्राजी
    मियां बीवी राजी तो क्या करे गा काजी??
    हॅपी वॅलिंटाइन्स डे!!!
    CommentQuote
  • Originally Posted by BlessU
    Hi
    Greetings

    The court clearly distinguishes between genuine and that obtained through collusion.. The case argues to establish that the GPA was genuine. However, WHO CAN CONFIRM THAT SPA/GPAs in NPV are genuine and not collusive and to defraud the courts, to save on stamp duty and meant to hide ill gotten black money??

    On SPR, the farmer owns the land by virtue of inheritance and has an established socio-economic set up there. His forefathers have tilled that land and their subsistence matters a lot out of land in their possession.

    In case of NPV it is not the case, these are plots which have been cut out of a parcel of land and sold to individuals without genuine and legitimate deed of conveyance.. The land is agricultural and not part of planned development, the owners are not subsistant on the land, they dont live there in case of empty plots, those who live there did not belong to that place, they came from outside and bought the land for living as it was cheap and close to their place of work/business, there forefathers never tilled that land, their social/family system does not depend on that place..

    Further in the judgement being relied by you, the hon court clearly outlines what constitutes a GENUINE SALE through GPA, BUT THIS IS AGAIN A WINDOW PROVIDED TO GET THE SALE REGISTERED AND REGULARISED THROUGH A VALID DEED OF CONVEYANCE AND DOES NOT GIVE A BLANKET RIGHT TO THE TITLE OF THE PROPERTY IN SUCH CASES OF GPA/SPA, EVEN IF GENUINE.

    FROM YOUR SHARED JUDGEMENT

    For that reason.... your argument is flawed

    येह तो वोही बात हो गयी
    बिल्ली को जो हुआ चूहे से लव प्राजी
    मियां बीवी राजी तो क्या करे गा काजी??
    हॅपी वॅलिंटाइन्स डे!!!


    How it does determine that GPA executed is defrauded? In ****** case decree supersede GPA title whereas its more valid title despite that SC favor the GPA executed and declared decree as collusive one
    .
    7. We are, in this case, therefore, concerned with the legal validity of a General Power of Attorney executed by none other than the wife of ******* against whom a decree has been obtained by the respondent without any proper contest and the court proceeded against him ex-parte. These facts speak for itself. Evidently, the collusive decree was obtained by the respondent to get over the registered Power of Attorney executed in favour of the appellant and, it is in this perspective, we have to understand and apply the ratio laid down by this Court in Suraj Lamp and Industries Private Limited (2) (supra)

    SC also clarified that genuine GPA executed before October 2011 where consideration amount paid and possession transfer doesn’t affect the SC order of Suraj Lamp case.

    6. The registered Power of Attorney was executed by none other than the wife of ***** and the appellant herein on **.5.200* in respect of the property in question for a sale consideration of Rs.#####/-, which was received by ****** in cash in advance and she acknowledged the same before the Sub-Registrar, Delhi. On the same day, *****, wife of *******. handed over physical vacant possession of the land and building situated thereon and from 1****, 200* onwards, the appellant is in possession of the above- mentioned property.

    9. In the above judgment, it has been stated that the observations made by the Court are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. I am of the view that the Power of Attorney executed on 1*.*.200* in favour of the Appellant by the wife of ********is a genuine transaction executed years before the judgment of this Court. Facts will clearly indicate that the Agreement for Sale dated *.11.200* was created by none other than the husband of *******, who had executed the General Power of Attorney and possession was handed over to the Appellant. That being the fact situation, in my view, the Objection filed by the Appellant under Order 21 Rule 58 in execution has to be allowed. I, therefore, hold that the Executing Court can execute the decree in Civil Suit No.4** of 200*, but without proceeding against the property referred to in registered Power of Attorney dated **.*.2006.
    Radhakrishnan, and I entirely and respectfully agree with his conclusion that the appeal deserves to be allowed. My learned Brother has succinctly analysed the sterling judgment in Suraj Lamp and Industries Private Limited vs State of Haryana (2009) 7 SCC 363, which has been rendered by a Three- Judge Bench of this Court. I completely concur with the view that since General Power of Attorney (GPA) in favour of the Appellant was executed and registered on 1*.0*.2006, it could not be impacted or affected by the Suraj Lamp dicta. Furthermore, a reading of the order of the Executing Court as well as of the High Court makes it palpably clear that both the Courts had applied the disqualification and illegality imposed upon GPAs by Suraj Lamp, without keeping in mind that the operation of that judgment was pointedly and poignantly prospective. This question has been dealt with by my esteemed Brother most comprehensively.

    There are lots of definition for collusive transfer of title and must be provable regardless its GPA or any other mode including registry in authorized area. Further, nowhere in SC order differentiate between authorized and unauthorized area GPA, however, in my opinion it’s nothing more than correcting title in revenue records. Issue is who is going to pay the stamp duty for converting to conveyance deed when land is under acquisition.



    Still the main concern is where is the land to rehabilitate if amicable resolution agreed upon to all. SAI KUNJ land (sector 110a) goes out from HUDA’s hand.


    मन मन भावै,
    मुड़ी हलावै।
    CommentQuote
  • Originally Posted by ultichakri
    How it does determine that GPA executed is defrauded? In ****** case decree supersede GPA title whereas its more valid title despite that SC favor the GPA executed and declared decree as collusive one
    .
    7. We are, in this case, therefore, concerned with the legal validity of a General Power of Attorney executed by none other than the wife of ******* against whom a decree has been obtained by the respondent without any proper contest and the court proceeded against him ex-parte. These facts speak for itself. Evidently, the collusive decree was obtained by the respondent to get over the registered Power of Attorney executed in favour of the appellant and, it is in this perspective, we have to understand and apply the ratio laid down by this Court in Suraj Lamp and Industries Private Limited (2) (supra)

    SC also clarified that genuine GPA executed before October 2011 where consideration amount paid and possession transfer doesn’t affect the SC order of Suraj Lamp case.

    6. The registered Power of Attorney was executed by none other than the wife of ***** and the appellant herein on **.5.200* in respect of the property in question for a sale consideration of Rs.#####/-, which was received by ****** in cash in advance and she acknowledged the same before the Sub-Registrar, Delhi. On the same day, *****, wife of *******. handed over physical vacant possession of the land and building situated thereon and from 1****, 200* onwards, the appellant is in possession of the above- mentioned property.

    9. In the above judgment, it has been stated that the observations made by the Court are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. I am of the view that the Power of Attorney executed on 1*.*.200* in favour of the Appellant by the wife of ********is a genuine transaction executed years before the judgment of this Court. Facts will clearly indicate that the Agreement for Sale dated *.11.200* was created by none other than the husband of *******, who had executed the General Power of Attorney and possession was handed over to the Appellant. That being the fact situation, in my view, the Objection filed by the Appellant under Order 21 Rule 58 in execution has to be allowed. I, therefore, hold that the Executing Court can execute the decree in Civil Suit No.4** of 200*, but without proceeding against the property referred to in registered Power of Attorney dated **.*.2006.
    Radhakrishnan, and I entirely and respectfully agree with his conclusion that the appeal deserves to be allowed. My learned Brother has succinctly analysed the sterling judgment in Suraj Lamp and Industries Private Limited vs State of Haryana (2009) 7 SCC 363, which has been rendered by a Three- Judge Bench of this Court. I completely concur with the view that since General Power of Attorney (GPA) in favour of the Appellant was executed and registered on 1*.0*.2006, it could not be impacted or affected by the Suraj Lamp dicta. Furthermore, a reading of the order of the Executing Court as well as of the High Court makes it palpably clear that both the Courts had applied the disqualification and illegality imposed upon GPAs by Suraj Lamp, without keeping in mind that the operation of that judgment was pointedly and poignantly prospective. This question has been dealt with by my esteemed Brother most comprehensively.

    There are lots of definition for collusive transfer of title and must be provable regardless its GPA or any other mode including registry in authorized area. Further, nowhere in SC order differentiate between authorized and unauthorized area GPA, however, in my opinion it’s nothing more than correcting title in revenue records. Issue is who is going to pay the stamp duty for converting to conveyance deed when land is under acquisition.



    Still the main concern is where is the land to rehabilitate if amicable resolution agreed upon to all. SAI KUNJ land (sector 110a) goes out from HUDA’s hand.


    मन मन भावै,
    मुड़ी हलावै।


    Hi
    Greetings

    A genuine GPA was ruled to be above a decree.. so you may keep dreaming that GPA plot onwers in NPR can ever prove their GPA to be genuine. Neither is the land authorised for residential development. Nor are the GPA holders natives.

    Hence, the concern is not at all of whether HUDA has land or not.. as these GPA are not genuine and not made with an intent for executing a conveyance deed and hence no relief is possible.

    Only alternative for them is to pray the court that they could pay stamp duty and get the conveyance deed executed. This alone will take them many years as the original owner may not be traceable, not agreeable, may want his pound of share..

    If anyone has a plot, better sell off to the next fool and more on as the moment matter reaches SC, the deal is done for them.

    Cheers
    CommentQuote
  • Originally Posted by BlessU
    Hi
    Greetings

    A genuine GPA was ruled to be above a decree.. so you may keep dreaming that GPA plot onwers in NPR can ever prove their GPA to be genuine. Neither is the land authorised for residential development. Nor are the GPA holders natives.

    Hence, the concern is not at all of whether HUDA has land or not.. as these GPA are not genuine and not made with an intent for executing a conveyance deed and hence no relief is possible.

    Only alternative for them is to pray the court that they could pay stamp duty and get the conveyance deed executed. This alone will take them many years as the original owner may not be traceable, not agreeable, may want his pound of share..

    If anyone has a plot, better sell off to the next fool and more on as the moment matter reaches SC, the deal is done for them.

    Cheers


    Sir ji, 

    As per my knowledge all GPA/SPA are registered with intent of converting to conveyance deed and most are irrevocable. 

    Anyway, it's endless debate, since all records are in court than let it decide who is eligible or not.
    CommentQuote
  • In SPR, I am convinced that proper SPR road will never come across as the villagers are not ready to go even on getting more than adequate compensation from Govt. and our Govt. has no ways and means to solve such matters including adamant Courts. So khichri development in India will remain continue till the landlords themselves get ready to sell their own land which might be possible after several generations. Courts can only pull the authorities and never came with proper solution. Our India will go like this.
    CommentQuote
  • It's is shame and embarrassing to see huda can't resolved this small patch for years.
    Indian courts and judges all are waster,can't resolved this issue and dragg the case for years.
    Really SHAME
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