Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | URBAN DEVELOPMENT: _.... Allotment of plot - Under 'focally displaced person Scheme - Change to plot in question effected in lieu of original allotment - Allottee transferring the plot with permission of Trust - Transferee denied possession on the ground that original allottee did not fulfil the condition of 'locally displaced person' and subsequent change was effected by an officer not competent to do so - HELD: Trust was right in holding that transferee did not acquire any right independent of the transferor - However, since transfer was effected with approval of the Trust before the allotment was cancelled, Trust directed to consider the case of transferee in view of his willingness to pay such additional amount as may be levied for a fresh allotment, provided the plot in question has not been reallotted in the meantime. The appellant, with the permission of the respondent Improvement Trust, acquired on 11.5.1989 a plot from the original allottee, who had earlier been allotted a different plot and later a change to the plot in question was effected in her favour in lieu of the original allotment. However, the appellant was denied possession on the ground that the original allottee was not a 'Locally Displaced Person' which was the eligibility criteria for allotment of plots under the Scheme, and the subsequent change in allotment was effected by an office who was neither authorized nor entitled to do so. The writ petition of the appellant was dismissed by the High Court holding 1 that he being a transferee, did not have any right in the plot independent of his transferor. In the appeal filed by the transferee the question for consideration before the Court was: "Can a person who is a transferee of a plot of land allotted to the transferor by the Improvement Trust, claim a right to continue with such allotment even after the same is cancelled, • particularly, when such transfer was effected with the approval of the Trust?" Disposing of the appeal, the Court |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 1 |
Petitioner | Baljit Singh |
Respondent | Improvement Trust Ludhiana & Anr. |
SCR | [2009] 1 S.C.R. 1 |
Judgement Date | 2009-01-06 |
Case Number | 9 |
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