High Court of Judicature at Allahabad
Case Law Search
M/S Hindustan Lease & Constructions (Huf) v. Union Of India Thru' Secy. Ministry Of Defence & Ors. - WRIT - C No. 3788 of 2005  RD-AH 6994 (6 December 2005)
Hon. Sushil Harkauli, J.
Hon. Vikram Nath, J.
Two questions survive in this writ petition. Firstly whether the property is located in Abu Lane or in Ravindra Puri. The location of the property in question in either of these two localities will determine the circle rate to be applied for charging value of the property from the petitioner.
Because the property has been described in some place and some documents as lying in Abu Lane while in other documents in which even respondent is also a party as lying in Ravindra Puri. Therefore, it appears desirable to get the situation review by the respondent no. 2 and to file another supplementary affidavit along with relevant documents including copies of GLR (General Land Register) and such other documents and if necessary to get the survey and inspection report also showing in which locality the property in dispute is situate.
Secondly the supplementary affidavit will also justify the right of pre-emption incorporated in the last part of the draft deed filed with the supplementary affidavit by the respondents. Because once the lease hold rights are being com vetted in free hold rights then it passes absolute rights and there does not appear to be any justification for the respondents to have first right of purchase over and above any other purchaser.
List this petition on 09.01.2006.
06.12.2005/ wp 3788-05
Double Click on any word for its dictionary meaning or to get reference material on it.