Haryana State Infrastructure and Industrial Corporation - Conveyance
deed - Plea that clauses laying restrictions before creating any charge or mortgaging the freehold land or building as illegal, arbitrary, unjust, discriminatory and unconstitutional - Once a
conveyance deed has been executed, the terms and conditions therein are binding upon the parties - The HSIIDC has not given up its interest unequivocally in the plot allotted to the
petitioner as it is subject to claim enhanced compensation and also charges against the said plot - Therefore, Section 31 of the Transfer of Property Act comes into operation - HSIIDC has to
safe guard its interest to ensure that the allottee/transferee complies with the Clauses of the allotment - Condition not illegal - Transfer of Property Act, 1882 (4 of 1882) S. 31. Omniplast
Pvt. Ltd. v. H.S.I.I.D.C. Ltd.(177) P.L.R.
Haryana State Infrastructure and Industrial Corporation -
To avoid undue harassment to the transferee in future, we hereby direct HSIIDC to incorporate a condition in the Regular Letter of Allotment and in the Conveyance deed that the allottees
shall have right to mortgage the plot in favour of the Schedule Banks etc. but such right to mortgage is subject to the rights of the HSIIDC to recover the enhanced compensation, water and
sewage charges etc as charge upon the plot - The HSIIDC shall issue a circular to this effect in respect of the existing plot holders as well so to stream line the process of issuance of "NO
Objection Certificate" for the purposes of availing loan. Omniplast Pvt. Ltd. v. H.S.I.I.D.C. Ltd.(177) P.L.R.