TaxTMI 
TaxTMI 
2011 (3) TMI 1453
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....he claims of alleged plot holders. 2. The Thareja committee has found while Mr. Ram Janam Sharma has paid to the respondent-company a sum of Rs. 1,21,990, Mr. Ram Kripal Sharma has paid a sum of Rs. 1,24,424 to the respondent-company. The Thareja committee has concluded that the plots should be released in favour of the said appellants after they make payments of balance amount of Rs. 77,810 and Rs. 79,376 respectively along with interest at the rate of 12 per cent per annum. 3. Mr. Mohit Kumar Shah, learned counsel for appellants submits that the Thareja Committee has failed to appreciate that both the appellants had made full payments and only thereafter the sale deeds had been executed by the respondent-company. He further submits ....
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....ow lying and gets flooded during heavy rains. As such the site would require earth filling for any development/construction works. Extent of lands As per the publicity brochure advertised by the company (Annexure I), Lok Nayak Jai Prakash Narain Awas Yojna has an area of 5,50,000 sq. ft. (5.110 hectare). The committee looked into the relevant records made available by the Official Liquidator' s office. Only two sketchy layout plans of the Yojana without details were made available from the records submitted by the individual claimant(s) of the plot. The relevant layout plans of the two sites are at Annexures VIII and IX. It cannot be ascertained by the two plans made available whether the site is contiguous or in two separate po....
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....tor's office. Only in village Pahari, certain development works like boundary wall, roads and paths (at present in poor condition), water tank etc., were seen. The area at present is fully covered with paddy, grass and weeds. The abovementioned development works are in poor condition and for all practical purposes, they may be treated as non-functional. Although the overhead tank is standing at the site but being a water retaining structure and having remained empty for a long time cannot be taken as stable and functional unless put to test. No development works is existing in the land in village Manpur Bairiya. 3. Photography and Videography.-As per directions of the Hon'ble High Court, the photography and videography of the site has....
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.... (a)Clearing of site, levelling and dressing. (b)Internal roads and paths. (c)Sewerage system. (d)Treated water supply line including peripheral grid and distribution lines (e)Storm Water Drains. (f)Street Lights. (g)Horticulture works. 6. Tentative cost involved if development work is to be completed.-The tentative cost of the above development works based on CPWD rates of 2007 enhanced by the latest approved cost index for Patna (Rs. 54.50 lakhs/hectare) works out to Rs. 2.70 crore approximately for 4,897 hectare of land. The above cost does not include the cost of earth filling for which detailed engineering estimation will be required to be done to work out the quantity of earth etc. Report is submitted accordin....
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....upervision of court.-(1) Where any company is being wound up by or subject to the supervision of the court-. . . (b) any sale held, without leave of the court, of any of the properties or effects of the company after such commencement ; shall be void." 6. Consequently, as the winding up proceedings had commenced prior to the execution of the sale deeds in the present case, the same are void. Moreover, from the report of the B. N. Singh Committee appointed by this court, it is apparent that the plots of land claimed by the appellants cannot be handed over to them. 7. Accordingly, keeping in view the aforesaid, the communication dated October 17, 2008 issued by the Official Liquidator and the orders dated April 12, 2005 passed by ....