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january 2007

Supreme Court of India · 2007-01-12

STATE OF RAJASTHAN vs H.V. HOTELS PVT. LTD.

Citation / case number
SC 2006/15599
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN
Respondent
H.V. HOTELS PVT. LTD.
Bench
H.K. SEMA & P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that the purchaser's request for an increased floor area ratio from 1.0 to 1.75, based on new Building bye-laws, was not sustainable as the Jaipur Development Authority was not made a party in the writ petition. The Court emphasized that the sale deed allowed for adjustments in floor area ratio only if permitted by prevailing bye-laws, and since the authority responsible for sanctioning was not included, the claim could not be adjudicated. The Court dismissed the appeal, affirming the High Court's decision to reject the writ petition.

STATE OF RAJASTHAN vs H.V. HOTELS PVT. LTD. · Niyam