Can development authority resolution applicable retrospectively?

mintu (Querist) 18 May 2014 This query is : Resolved
Dear ld members

Can Development authority, say NOIDA Authority, resolution applicable retrospectively?
Or in another word
A authority passes a resolution imposing a certain conditions with respect to a plot on 15-08-2013 stating this resolution would be applicable w.e.f. Jan 2011.

Is this resolution valid in law?

Please refer relevant provision of law / judgments if any.

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Devajyoti Barman (Expert) 18 May 2014
sorry, citations are not provided here.

Sankaranarayanan (Expert) 18 May 2014
i do agree with expert. find it from the website or other sources

mintu (Querist) 18 May 2014
Dear Devajyoti Barman & sankar narayanan You may not provide citation but can provide the info about law. I request both. You may provide either of them.

Even you did not say whether the aforesaid mentioned resolution will be valid or not.

Please express your view on this.

prabhakar singh (Expert) 18 May 2014
The answer would be in enactment by which NOIDA Authority is constituted.If empowered expressly to pass such resolutions it can otherwise it can never.

Guest (Expert) 18 May 2014
Depends upon the characteristics of the resolution. The term, "certain conditions" do not have any relevance. So, please specify, which type of conditions the authority desires to impose with retrspective effect?

Rajendra K Goyal (Expert) 18 May 2014
Without the details of resolution nothing can be advised. Consult a local lawyer.

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