file suit for specific performance of
agreement is concerned, the same was based on non performance of agreement
dated ... suit for specific performance reads as under:
|54. |For specific |Three |The date of fixed for the |
| |performance of a |years |performance
execute
such housing project, the assessee had entered into a
development agreement with Vinodbhai Nathabhai Patel (HUF)
and others as party ... specific
purpose, as by building extensively.
e. Law lexicon Dictionary: The following definitions
could be seen:
Development
a. To act, process or result of development
deposit and Rs 5 crores towards
project development expenses.
6 On 19 August 2008, a Development Agreement was entered into between
APIIC, Unitech ... purchase price, besides the earnest
money deposit and project development expenses. The Development Agreement
which was executed between APIIC and Unitech contains specific
granted exemption even though the Gujarat Industrial Development Corporation was engaged in the industrial development. The development means the realization of potentialities of land ... housing project as per agreement. This being a tri-party agreement, i.e. the development agreement which has passed
Maharashtra Housing and Area Development Authority
(hereinafter referred to as ‘the MHADA’) to execute a joint
development agreement with the Corporate Debtor ... which, in the context of specific performance,
development agreements were categorized into three types, and it
was stated that where interests in property
passed by the learned Arbitrator allowing the claim for
specific performance of the Development Agreement and Memorandum of
Understanding both dated 19th April ... specific performance thereof. He submits that in the said statement of
claim, no relief for declaration and specific performance in respect of the
Development Agreement
agreement for sale and not an agreement for security and/or alternatively an agreement for development which could ... held, that the Agreement to be an agreement of sale and not an agreement for development
appellant, who is a builder, instituted a suit for specific
performance of a development agreement, against the respondents, who are
owners ... remedy of specific
performance under the Act. A suit for specific performance filed by the
developer would then be maintainable. Whether specific performance should
that it cannot be said that
no suit for specific performance of the development agreement would be
maintainable by a developer only ... cannot be said that no suit for specific performance of the development
agreement can be maintained by the developer in law.
The developers
aforesaid shareholders agreement was the main agreement and
after that, further agreements were also made between the parties ... approved
by GDA for development purposes in terms of UP Urban Planning &
22
Development Act, 1973, no development rights can be said to have
