Apr 09

Development Agreement Act In India

… a development agreement does not contain any of the questions posed to Sections 6 and 7 of the Act that could have been entrusted to a Wakf court. 9. The offending order… Sections 6 and 7 of the Act are not affected. The impugned order of March 3, 2016 deals with several decisions, before concluding that the litigation in the enforcement action… The court held that the agreement between the parties is vague because the court cannot determine the exact nature of the building or the work by alysing the contractual terms. Therefore, the first condition set out in section 14, paragraph 3, point c) is not met. In addition, this court found that there was no explicit blocking of action for concrete provision for a construction agreement and also defined the conditions to be met before such a means could be retained. … (f) special application decree of the development agreement of 19.1.1983 against the defendant, in the form of Article 16 of Article 16 of those…

Article 18 of the development contract of 19.1.1983 for the owners, and the registration of a rent for the benefit of the applicant and/or his nominees… Concluded on 19.1.1983 an agreement in which the complainant consented to the construction and development of the grounds of the defendants` association. A detailed agreement was therefore implemented on 19-1-1983, which… This is due to the fact that the developer is the plaintiff and the lawsuit is against the owner, strictly enforced, clause (iii) would require that the defendant received possession under the agreement. Therefore, if, in such a situation, the developer sues for concrete benefit against an owner in possession of the land under a legitimate property, it cannot be ruled out that the defendant acquired the land by way of agreement. … (the Special Authority for Territorial Development of Korba) has reached an agreement with the complainant, according to which the company has agreed to obtain an annual amount of 3 lakhs of… constitution.