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Breach of Agreement:

(Querist) 29 March 2009 This query is : Resolved 
Government acquired a large plot of land for development of administrative complex, and agreement was entered with the land owner that all the unskillled work would be allotted to the land owner icluding IV grade staff.But no development was made nor IV grade post was offer to the land owner and the land became a waste land for nearly 11 years.Now the land owner desire to enter the land and possess it as there is breach of conditions by the Government.In this position does article 66 of the LA apply? or it is covered by other provisions of the LA.
Kiran Kumar (Expert) 29 March 2009
pls refer to latest judgment of Hon'ble SC titled as

Prakash R. Gupta v/s Lonavala Municipal Council; Civil Appeal No. 7801 of 2002 decided on 02/12/2008 and reported as 2009(1) law herald (sc) 6.

if u dont find this reporter then find this judgment from www.supremecourtofindia.nic.in
using the civil appeal no.

kindly study the local law as well though this judgment will be of gr8 help to u.
Murali Krishna (Expert) 29 March 2009
Yes. Kiran Kumar rightly given you the citation.

It is reported in (2009)1 SCC 514. It is under Maharastra RTP Act, 1966
N.K.Assumi (Querist) 29 March 2009
Dear Kiran,
Thank you for your contributions. I will check it and will get back to you.
N.K.Assumi (Querist) 29 March 2009
So which Article of the LA apply?
A. A. JOSE (Expert) 30 March 2009
I agree with above views.
Hiralal Das (Expert) 04 April 2009
Yes,I agree with my learned friends. Please try to follow their valuable opinions.


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