Shortfall in Land Area Does Not Constitute a Defect in Title; HIMUDA’s Order Withholding Payment to Landowners Quashed: Himachal Pradesh High Court

The Himachal Pradesh High Court has set aside a communication issued by the Himachal Pradesh Housing and Urban Development Authority (HIMUDA) that withheld payment to landowners on the ground of an alleged shortfall in the land area. Justice Ajay Mohan Goel held that a shortfall in land measurement cannot be treated as a defect in title, thereby quashing HIMUDA’s decision to deny the balance sale consideration. Background of the Dispute…