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Showing contexts for: void trust in Smt. Usha Arora And Others vs State Of Punjab And Others on 9 November, 2009Matching Fragments
b) The claim for exemption from/abandonment of the acquisition proceedings was untenable.
and
c) The transfer of the rights held by the lessee(s) to M/s R.P.Empires Pvt. Ltd. was not binding upon the Government and the Improvement Trust being void. If the above be the true position, as indeed it in our opinion is, we fail to appreciate how the transferee M/s R.P.Empires could have obtained the 'Change of Land Use' from the Government and how such 'change of land use' sanctioned in its favour could make any difference in so far as the validity of the transfer in its favour was concerned. The only right which M/s R.P.Empires Pvt. Ltd. could on the basis of the said transfer claim in the property was the right to claim compensation determined in the award, provided the said amount has not already been paid to the transferees from whom the company has acquired the interest held by them. Suffice it to say that change of land use could not in our opinion create any right in favour of the petitioner whose status was no more than that of a person holding land under instruments of the transfer that were void and unenforceable against the State Government and the Improvement Trust. At any rate, the issue of any mandamus directing the respondents to hear the petitioner before cancelling the sanction for the change of land use and the building plans would be no more than an idle formality.