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NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

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  • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

    Originally posted by shilac View Post
    What is the legal status of the GPA/SPA oustees?

    Specifically, (a) are they entitled to compensation; (b) if so is it in cash or alternative plots? (c) is there any precedent established by courts in cases similar to that of GPA/SPA oustees; (d) has Supreme Court given any rulings in cases of GPA/SPA title holders whose lands were acquired for a public purpose?

    Can any lawyer in this forum (not associated with the oustees) enlighten us?

    Legally GPA/SPA are not recognised as such, only the original title holders are. SC has already given ruling against it.

    11th Oct 2011-

    "Transactions of the nature of `GPA sales' or `SA/GPA/WILL transfers' do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property. The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property."

    "It has been submitted that making declaration that GPA sales and SA/GPA/WILL transfers are not legally valid modes of transfer is likely to create hardship to a large number of persons who have entered into such transactions and they should be given sufficient time to regularize the transactions by obtaining deeds of conveyance. It is also submitted that this decision should be made applicable prospectively to avoid hardship."

    "Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title. The said `SA/GPA/WILL transactions' may also be used to obtain specific performance or to defend possession under section 53A of TP Act. If they are entered before this day, they may be relied upon to apply for regularization of allotments/leases by Development Authorities. We make it clear that if the documents relating to `SA/GPA/WILL transactions' has been accepted acted upon by DDA or other developmental authorities or by the Municipal or revenue authorities to effect mutation, they need not be disturbed, merely on account of this decision."

    So if the GPA/SPA holders entered into agreement earlier, they were required to get proper conveyance deed done. But they didn't do or don't want to do that since the original title holder may refuse or demand more money to do it now. Seems to be the land mafia's hand behind all this. First purchase something cheap in an unauthorised area, then a huge crowd eventually settles there, and subsequently if needed demand higher to vacate it.

    The Government can directly allot the alternate plots or give compensation as the case may be to the original title holders. GPA/SPA holders will be left high and dry with nothing as they don't have the valid documents. However the Government is willing to give them plots/compensation, but this is being opposed by certain people who were found not eligible. The land mafia there is involved in all this. The local politician is involved in it as well, since his land is coming under the road and he wants more, and knowing that alone he may not get anything much as per the legal position, he has probably been trying to stall things by misguiding others about the whole issue and raising a whole crowd for it. We all know how the crowds get worked up easily especially if they are trying to defend something that is not entirely legal. The GPA/SPA holders do not know or cannot see how they are being misused for ulterior gains.

    This time however it seems that the Government is determined to clear this, and let's hope that the poor GPA/SPA holders see sense in accepting what they are getting and settle this soon or end up losing everything.

    Comment


    • shilac
      shilac commented
      Editing a comment
      Thanks for your valuable clarifications.

  • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

    Originally posted by ultichakri View Post

    Rohit is 100% correct as only 60 odd outsees allotted plots that too maximum nos. of alternate plots are falling just beneath HT line. There is no scope for development of sector 110a for next 1 year and GPA/SPA cases would took at-least 3-4 years to resolved.

    Further, the statistics being published in papers is completely wrong as out of 180 houses (alone NPV) only 60 found eligible for entitlement of plots rest 120 house owners are GPA/SPA owners. Hence, don't presumed with my absent that everything is going well....
    You probably need to get your eyes checked before going and seeing the area again. 60 plots are not a problem at all to be given even now in the area where the demolitions have already taken place, still leaving a huge vacant area.
    If everything was going well then possession would already have been given instead of getting delayed by a week.
    However its a case of the thief and the police...the thief can break all rules to do anything, but the police still has to follow the rules in catching the thief. So even though the GPA/SPA holders have not followed the rules but the Government has to follow the rules.


    Comment


    • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

      Originally posted by samggn View Post

      You probably need to get your eyes checked before going and seeing the area again. 60 plots are not a problem at all to be given even now in the area where the demolitions have already taken place, still leaving a huge vacant area.
      If everything was going well then possession would already have been given instead of getting delayed by a week.
      However its a case of the thief and the police...the thief can break all rules to do anything, but the police still has to follow the rules in catching the thief. So even though the GPA/SPA holders have not followed the rules but the Government has to follow the rules.

      Sam - just curious to know - with road getting constructed on those 60 houses, can it help connectivity to a reasonable extent. I mean a makeshift till everything is sorted.

      Comment


      • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

        Originally posted by samggn View Post


        Legally GPA/SPA are not recognised as such, only the original title holders are. SC has already given ruling against it.

        11th Oct 2011-

        "Transactions of the nature of `GPA sales' or `SA/GPA/WILL transfers' do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property. The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property."

        "It has been submitted that making declaration that GPA sales and SA/GPA/WILL transfers are not legally valid modes of transfer is likely to create hardship to a large number of persons who have entered into such transactions and they should be given sufficient time to regularize the transactions by obtaining deeds of conveyance. It is also submitted that this decision should be made applicable prospectively to avoid hardship."

        "Nothing prevents affected parties from getting registered Deeds of Conveyance to complete their title. The said `SA/GPA/WILL transactions' may also be used to obtain specific performance or to defend possession under section 53A of TP Act. If they are entered before this day, they may be relied upon to apply for regularization of allotments/leases by Development Authorities. We make it clear that if the documents relating to `SA/GPA/WILL transactions' has been accepted acted upon by DDA or other developmental authorities or by the Municipal or revenue authorities to effect mutation, they need not be disturbed, merely on account of this decision."

        So if the GPA/SPA holders entered into agreement earlier, they were required to get proper conveyance deed done. But they didn't do or don't want to do that since the original title holder may refuse or demand more money to do it now. Seems to be the land mafia's hand behind all this. First purchase something cheap in an unauthorised area, then a huge crowd eventually settles there, and subsequently if needed demand higher to vacate it.

        The Government can directly allot the alternate plots or give compensation as the case may be to the original title holders. GPA/SPA holders will be left high and dry with nothing as they don't have the valid documents. However the Government is willing to give them plots/compensation, but this is being opposed by certain people who were found not eligible. The land mafia there is involved in all this. The local politician is involved in it as well, since his land is coming under the road and he wants more, and knowing that alone he may not get anything much as per the legal position, he has probably been trying to stall things by misguiding others about the whole issue and raising a whole crowd for it. We all know how the crowds get worked up easily especially if they are trying to defend something that is not entirely legal. The GPA/SPA holders do not know or cannot see how they are being misused for ulterior gains.

        This time however it seems that the Government is determined to clear this, and let's hope that the poor GPA/SPA holders see sense in accepting what they are getting and settle this soon or end up losing everything.
        In-depth analysis of the judgment in Suraj Lamp case can show that picture is not complete. A person having in his favour all the traditional documents may not be treated as owner in strict legal sense due to bar created by Section-54 of Transfer of Property Act, yet he can enjoy and exercise all the rights over the property against the entire world including the true owner who executed the traditional documents. And in that sense he has to be treated as owner of the property as no one in the entire world can put restriction on his enjoyment and handling of property. How?

        It is Section-202 of the Contract Act which completes the picture projected in Suraj Lamp case. The provision reads as under:

        “Section 202. Termination of agency where agent has an interest in subject-matter:- Where the agent has himself an interest in the property which forms the subject-matter of the agency, te agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.

        Illustrations
        (a) A gives authority to B to sell A's land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death.
        (b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself, out of the price, the amount of his own advances. A cannot revoke this authority, nor it is terminated by his insanity or death.”

        What is interesting to note is the fact that a person giving the power cannot revoke the same and even his death cannot change the situation if ingredients of the section is satisfied. Once GPA is found to be irrevocable, the person cannot prejudice the attorney by any act and so far as others are concerned, they cannot have any say in the matter

        In another case, a division bench of Hon’ble High Court of Delhi in Harbans Singh vs Shanti Devi, 1977 RLR 487 had invoked the provision of Section-202 in favour of the attorney in respect of purchase of a shop.

        Hon’ble Delhi High Court in H.L. Malhotra v. Nanak Jai Singhani, 1986 RLR (Note) 89, Prem Raj v. Babu Ram 1991 RLR 458, Kuldeep Singh Suri v. Surinder Singh Kalra, (1999) 48 DRJ 463, D.R. Puri v. Kamlesh Sawhney, 2001 (60) DRJ 738, Ajay Gupta vs State Test. Cas. 33/1999 dated 05.07.2012 has also taken the same view.

        Some interesting points may also be noted. Hon’ble Delhi High Court speaking through a division bench in Asha M. Jain vs The Canara Bank And Ors 94 (2001) DLT 841 had recognized the concept of GPA sale in Delhi and had also used Section-202 of Contract Act and had also relied upon some of the judgments cited herein before. And everyone will say that the said judgment i.e. Asha jain case has been overruled by the Hon’ble Supreme Court in Suraj Lamp case and therefore not only the Asha Jain case has lost its value but also even the other cases relied upon therein cannot be followed.


        Note may also be taken of a settled proposition that there is nothing in law to require any transaction to be completed in one document. Normally, GPA, Agreement to sell, Affidavit, Will & Receipt are executed in the transaction. In S. Chattanatha Karayalar v. The Central Bank of India Ltd. and Ors. AIR 1965 SC 1856 the Supreme Court stated in paragraph 3 of the Report as follows :

        "The principle is well established that if the transaction is contained in more than one document between the same parties they must be read and interpreted together and they have the same legal effect for all purposes as if they are one document".

        he second twist in the story related to Suraj Lamp case pertains to its applicability to prior transactions. Question is whether judgment has prospective applicability only. An unnecessary confusion has arisen on this count. Hon’ble Supreme Court made some very interesting observations in one case which is titled as Maya Devi vs Lalta Prasad (dated 19.02.2014 in Civil Appeal 2458/2014). Two separate opinions were pronounced by the Court in the said case, one by Justice K.S. Radhakrishnan and the other concurring opinion by Justice Vikramajit Sen.

        We should first note the observation of Justice Vikramajit Sen which is as under:

        “I have perused the judgment of my learned and esteemed Brother 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 12.05.2006, 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.
        Sab 99 ka fer hain............

        Comment


        • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

          I am not aware of the exact 60 houses. But there are empty plots as well. There is a stretch of full road made inside New Palam Vihar area too. So its not that they require land right across NPV. Probably with all these houses and empty plots, smaller sections of road could be made across this area to connect the two sides.
          Even now you can cross NPV on the existing internal roads with just 2 turns.

          Comment


          • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

            Demarcation on, oustees to get plots

            Bagish Jha| TNN | Updated: Mar 6, 2017, 12.13 AM IST


            Gurgaon: Expediting the rehabilitation of Dwarka expressway oustees, Huda has begun demarcating Sector 110A.

            Oustees from New Palam Vihar are likely to get possession of alternative plots in the next few days and will be given six months to vacate the structures coming in the alignment of the road, paving way for completion of the remaining portion of Dwarka expresssway.

            "We have cleared the land in sector 110A and begun demarcating it. In the coming days, we will start alloting these plots to the oustees who have received the allotment letters," said Huda administrator Yashpal Yadav.

            Huda has already given physical possession of alternative plots to oustees of Dwarka Expressway from Khedki Daula in Sector 37-C. Of the 18-km Dwarka expressway being constructed by Huda, around 14.5km of the road has already been built. The remaining portion — New Palam Vihar and Kherki Daula - was stuck due to delay in rehabilitation of the oustees.

            The proposed 150m wide Dwarka expressway was envisaged 10 years ago. The project which was to be ready before Commonwealth Games 2010 has already missed six deadlines.

            Yadav said Huda will complete developmental work in sectors 37C and 110A in four months, much ahead of the six-month deadline to the oustees.

            With this Huda will complete rehabilitation of all eligible oustees, except those with general power of attorney (GPA) and special power of attorney (SPA).







            http://timesofindia.indiatimes.com/c...w/57483942.cms

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            Comment


            • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

              Hi End users and RE experts of DEW........can anyone help with list of projects currently offering possession (projects which have OC from HUDA) on DEW esp sectors closer to Delhi....will be helpful for future DEW investors....

              Comment


              • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

                Originally posted by samggn View Post

                You probably need to get your eyes checked before going and seeing the area again. 60 plots are not a problem at all to be given even now in the area where the demolitions have already taken place, still leaving a huge vacant area.
                If everything was going well then possession would already have been given instead of getting delayed by a week.
                However its a case of the thief and the police...the thief can break all rules to do anything, but the police still has to follow the rules in catching the thief. So even though the GPA/SPA holders have not followed the rules but the Government has to follow the rules.

                My eyes are prefect....X-ray eyes...but what you are talking about thief..police catch..rules...Is there any criminal scene nearby or just come-out from theater, forget about fiction movie and have a large breath. It's not good for health ...and do only rest...rest and rest....a long rest...... Till I don't come with good news...which finally would carry by me only...
                Sab 99 ka fer hain............

                Comment


                • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

                  Originally posted by ultichakri View Post

                  In-depth analysis of the judgment in Suraj Lamp case can show that picture is not complete. A person having in his favour all the traditional documents may not be treated as owner in strict legal sense due to bar created by Section-54 of Transfer of Property Act, yet he can enjoy and exercise all the rights over the property against the entire world including the true owner who executed the traditional documents. And in that sense he has to be treated as owner of the property as no one in the entire world can put restriction on his enjoyment and handling of property. How?

                  It is Section-202 of the Contract Act which completes the picture projected in Suraj Lamp case. The provision reads as under:

                  “Section 202. Termination of agency where agent has an interest in subject-matter:- Where the agent has himself an interest in the property which forms the subject-matter of the agency, te agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.

                  Illustrations
                  (a) A gives authority to B to sell A's land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death.
                  (b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself, out of the price, the amount of his own advances. A cannot revoke this authority, nor it is terminated by his insanity or death.”

                  What is interesting to note is the fact that a person giving the power cannot revoke the same and even his death cannot change the situation if ingredients of the section is satisfied. Once GPA is found to be irrevocable, the person cannot prejudice the attorney by any act and so far as others are concerned, they cannot have any say in the matter

                  In another case, a division bench of Hon’ble High Court of Delhi in Harbans Singh vs Shanti Devi, 1977 RLR 487 had invoked the provision of Section-202 in favour of the attorney in respect of purchase of a shop.

                  Hon’ble Delhi High Court in H.L. Malhotra v. Nanak Jai Singhani, 1986 RLR (Note) 89, Prem Raj v. Babu Ram 1991 RLR 458, Kuldeep Singh Suri v. Surinder Singh Kalra, (1999) 48 DRJ 463, D.R. Puri v. Kamlesh Sawhney, 2001 (60) DRJ 738, Ajay Gupta vs State Test. Cas. 33/1999 dated 05.07.2012 has also taken the same view.

                  Some interesting points may also be noted. Hon’ble Delhi High Court speaking through a division bench in Asha M. Jain vs The Canara Bank And Ors 94 (2001) DLT 841 had recognized the concept of GPA sale in Delhi and had also used Section-202 of Contract Act and had also relied upon some of the judgments cited herein before. And everyone will say that the said judgment i.e. Asha jain case has been overruled by the Hon’ble Supreme Court in Suraj Lamp case and therefore not only the Asha Jain case has lost its value but also even the other cases relied upon therein cannot be followed.


                  Note may also be taken of a settled proposition that there is nothing in law to require any transaction to be completed in one document. Normally, GPA, Agreement to sell, Affidavit, Will & Receipt are executed in the transaction. In S. Chattanatha Karayalar v. The Central Bank of India Ltd. and Ors. AIR 1965 SC 1856 the Supreme Court stated in paragraph 3 of the Report as follows :

                  "The principle is well established that if the transaction is contained in more than one document between the same parties they must be read and interpreted together and they have the same legal effect for all purposes as if they are one document".

                  he second twist in the story related to Suraj Lamp case pertains to its applicability to prior transactions. Question is whether judgment has prospective applicability only. An unnecessary confusion has arisen on this count. Hon’ble Supreme Court made some very interesting observations in one case which is titled as Maya Devi vs Lalta Prasad (dated 19.02.2014 in Civil Appeal 2458/2014). Two separate opinions were pronounced by the Court in the said case, one by Justice K.S. Radhakrishnan and the other concurring opinion by Justice Vikramajit Sen.

                  We should first note the observation of Justice Vikramajit Sen which is as under:

                  “I have perused the judgment of my learned and esteemed Brother 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 12.05.2006, 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.
                  The illustrations used are good, but have a basic flaw which can be challenged. A can give the POA to B, but also to C or D. This is how frauds were perpetuated. Secondly the very legality of the POA comes into question if it cannot be proven that B had lent money to A earlier for which A is giving the POA to sell.

                  The Suraj Lamp judgement is prospective from 11-10-11. For earlier ones they gave them the leeway to register the GPA/SPA and avail the benefit.
                  Only if the GPA/SPA holders had done the remaining paperwork required and entered into the revenue records, then they would be be seen with the same rights.
                  Contract Act is not applicable between Government and GPA/SPA holders but between Original Title Holder and GPA/SPA holder. So if the Government gives land/compensation to Original Title Holders as per their records, GPA/SPA holders cannot do anything but fight the Original Title Holder. You are learned enough to know the implications of that.

                  Luckily for them the Government is considering giving them alternate plots/compensation. If it were my company, we would have taken legal recourse in a different manner and got back to back hearings and given the alternate plots/compensation to the original title holders and registered GPA/SPA cases years back. For the unregistered GPA/SPA holders, too bad, they would have been left to fight with the ones with whom they have done the contract, that would not have been our problem.
                  So just be thankful that its the Government lawyers you are facing, and not properly prepared company lawyers who would rip apart these frivolous objections in a court of law.

                  Your brothers there are still selling on GPA/SPA to people who think that its okay to buy on GPA/SPA whereas it can be easily challenged in court later. But the SC verdict clearly mentions the reason for not holding them valid anymore for a lot of things. There is a reason why for GPA/SPA for property sale/purchase in Haryana, people were getting these made from outside the state. People who have bought property on GPA/SPA after 11-10-11 anywhere in India, can be in for a very rude and nasty surprise.








                  Comment


                  • Re : NPR - Northern Peripheral Road, Dwarka Expressway, Gurgaon Updates

                    Originally posted by ultichakri View Post

                    My eyes are prefect....X-ray eyes...but what you are talking about thief..police catch..rules...Is there any criminal scene nearby or just come-out from theater, forget about fiction movie and have a large breath. It's not good for health ...and do only rest...rest and rest....a long rest...... Till I don't come with good news...which finally would carry by me only...
                    If your eyes were so perfect, then perhaps you need to have them checked again, since you fail to see that even the malbaa has been taken away to clear the area. Next time I will post the before and after pics if I know that demolition is going to be done,in case you are not believing the pics already posted by some of the other members here.

                    The whole scene is criminal, unauthorised colony settlers demanding legal alternates. You are very well aware of what all the land there was authorised for, and it wasn't for construction of houses/plotting etc in the manner that it has been carried out. So land grabbing and illegal plotting rules there. Are you involved with the Land Mafia there, who has minted the most money at the expense of these poor gullible people who thought that they were buying houses/plots in proper authorised colony! Or were they aware that its not an authorised colony and willing to take the risk because it was much cheaper to buy there. That's why POA/GPA/GPA drama came about.

                    There was rampant construction even after Section 4 notices were served. Luckily for you guys, the Government lawyer is not making using of GIS/ Satellite imagery from earlier to pinpoint all the illegal construction that's been done there.

                    I don't rest just like, not good for health. I rest when required. Prefer to remain active.

                    Comment

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