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ARTICLE · 17 OCTOBER 2019

Specific Performance of a Development Agreement

Dhaval Vussonji & Associates
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By a judgment dated 9th October, 2018 in the matter of Sushil Kumar Agarwal vs. Meenakshi Sandhu and Ors. [2018 (13) SCALE 778], the Hon'ble Supreme Court, relying on provisions of Section 14 (3) (c) ...

IndiaReal Estate and Construction
Dhaval Vussonji
Dhaval Vussonji
Divyata Badiani
Divyata Badiani
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By a judgment dated 9th October, 2018 in the matter of Sushil Kumar Agarwal vs. Meenakshi Sandhu and Ors. [2018 (13) SCALE 778], the Hon'ble Supreme Court, relying on provisions of Section 14 (3) (c) (prior to its amendment) of Specific Relief Act, 1963 ("Act"), settled principles in relation to development agreements and enforcement thereof and held inter alia that the said provisions do not prevent developers from seeking specific enforcement of agreements granting them development rights against the owner of the property.

Facts

By and under a Development Agreement dated 14th April, 1992 ("Development Agreement"), one Late Kalidas Sadhu (preceded by its successors-in-interest) ("Respondents") granted development rights in favour of one Sushil Kumar Agarwal ("Appellant") for construction of a building on premises situated at Kolkata. In terms thereof:

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