Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Wednesday, 28 October 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-04-26 allowed

Ramesh Chand and Ors vs Tanmay Developers Pvt. Ltd. & Ors

Bench: 2 — Arun Mishra

In Brief

Five land-owners contracted to sell their property to Tanmay Developers, who paid earnest money totalling over Rs. 1.68 crores but failed to complete the purchase within the contractual timeframe. The land-owners forfeited the earnest money. When the land was later acquired under the Land Acquisition Act 1894, the developer sought refund of the earnest money through a reference under Section 30. The High Court granted refund with interest. The Supreme Court set aside this order, holding that since the developer had already filed civil suits seeking the same relief (refund and specific performance), it was improper to invoke the discretionary Section 30 remedy. Disputed questions about forfeiture and the developer's readiness to perform must be resolved through pending civil suits, not through land acquisition proceedings. Land-owners are entitled to compensation, subject to the outcome of the civil litigation."

The lawyer headnote and full judgment text are available to registered users.

Land Acquisition Specific Relief Contract Law Earnest Money Forfeiture Civil Procedure Jurisdiction

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login