Supreme Court · 2011 INSC 458 · Decided 5 July 2011

Itc LTD. v. State of Uttar Pradesh & ORS.

Court
Supreme Court of India
Citation
2011 INSC 458 · [2011] 7 S.C.R. 66
Case number
CIVIL APPEAL No. 4561/2008
Decided
5 July 2011
Bench
R.V. RAVEENDRAN, B. SUDERSHAN REDDY (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Transfer of Property Act

Headnote

Uttar Pradesh Urban Planning and Development Act, c 1973: s.41(3) rlw ss.12 and 14 -Allotment of commercial plots in commercial area for construction of 5 star, 4 star and 3 star hotels on 90 years lease - Plots allotted at industrial rates - D Later on, allotments cancelled as the same were made of auction, and the allotment on fixed industrial rates caused loss to government exchequer - HELD: Under private law, a lease governed exclusively by the provisions of Transfer of Property Act could E be cancelled only by filing a civil suit for its cancellation or for a declaration that it is

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