NDLI: Union of India & Anr. Vs. Wing Commander R.r. Hingorani (retd.)

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Government residential accommodation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Contract Act, 1872 (9 of 1872) Pensions’ Act, 1871 (23 of 1871) Public Premises (eviction of Unauthorised Occupants) Act, 1971 (40 of 1971)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Government residential accommodation-Retention beyond the concessional period admissible under SR 317-B-ll (2)-Liability to paymarket rent for the period of such unauthorised occupation under SR 317-B-22 whether contingent upon the Directorate of Estates serving anotice pay market rent for retention of such accommodation-Whether the amount due (difference between Market rent minus concessionalRent) recovered from the commuted pension was contrary to s.11 of the Pensions Act, 1871, by process of seizure and sequestration-Whetherpresumption of relaxation under SR 317-B-25 be drawn and resultant applicability of doctrine of promissory estoppel-Public Premises(Eviction of unauthorized occupants) Act, 1971, section 7(2), Supplementary Rules SR 317-B-11(2)(22) and (25) and Pensions Act,1871 section 11 effect of, Allotment of Government Residences (General Pool in Delhi) Rules, 1963-Principle of Unjust enrichment-ContractAct section 56 pointed out.The respondent while he was posted as a Squadron Leader at Delhi was on June 27, 1968 allotted by the Directorate of Estate aresidential flat in the Curzon Road Hostel on a monthly rent of Rs.16 I, under sub r.(l) of SR 317-B-!1. Although he was transferred fromDelhi to Chandigarh on June 11, 1970, he did not give any intimation of his transfer to the Directorate of Estates and therefore the said allotment stood automatically cancelled under sub-r. (2) thereof after the concessional period of two months from the date of his transfer i.e.w.e.f. August 11, 1970. The respondent continued in unauthorised occupation of the said flat for a period of nearly five years and in themeanwhile he was being charged the normal rent for that period. On February 28, 1975 the Estate Officer having come to know of the transfer of the respondent from Delhi, the Directorate addressed a letter dated March 18, 1975 cancelling the allotment w .e.f. August 11, 1970.On the next day i.e. the 19th, the Directorate sent another letter asking the respondent to vacate the flat, which he did on March 25, 1975. TheEstate Officer raised a demand for recovery of Rs.38,811.17 p. under SR 317-B-22 and served the respondent with a notice under s.7(3) of thePublic Premises (Eviction of Unauthorised Occupants) Act, 1971. The respondent disputed his liability to pay damages for the period of his unauthorised occupation. Thereupon, the Estate Officer initiated proceedings under s. 7 of the Act to recover the amount of Rs.38,811. 17p. Subsequently, the Central Government on a representation being made by the respondent reduced the amount to Rs.20,482. 78p. On compassionate grounds and deducted the same on October 30, 1976 from out of the commuted pension payable to him.The respondent filed a petition under Art.226 of the Constitution before the High Court. The writ petition was allowed by a learned Single Judge holding that although the allotment of the flat stood cancelled in terms of sub-r.(3) of SR 317-B-11 w.e.f. August 11, 1970 i.e. after the concessional period of two months from the date of his transfer, the government was estopped from claiming the amount of Rs.20,482. 78p. as damages equivalent to the market rent under SR 317-B-22 for the period from August 11, 1970 to March 25, 1975 on the ground that the government not only knowingly allowed the respondent , to continue in occupation till March 25, 1975 but also charged him -the normal rent of Rs. 161 p.m. presumably under its power of relaxation under SR 317-B-25. Further, he held that the government having failed to serve the respondent with a notice that he would be liable to pay market rent for the period of his unauthorised occupation, the doctrine of promissory estoppel precluded the government from claiming damages equivalent to the market rent under SR 317-B-22 for the period in question. On appeal, a Division Bench upheld the decision of the learned Single Judge mainly on the terms of SR 317-B-23 which conferred the power of relaxation on the government.
Judge	Hon'ble Mr. Justice A.P. Sen
Neutral Citation	1987 INSC 29
Petitioner	Union Of India & Anr.
Respondent	Wing Commander R.r. Hingorani (retd.)
SCR	[1987] 2 S.C.R. 94
Judgement Date	1987-01-30
Case Number	4426

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Union of India & Anr. Vs. Wing Commander R.r. Hingorani (retd.)

Please Log-in to view this content

Union of India and Anr. Vs. Wing Commander T. Parthasarathy

Union of India & Ors. Vs. Wing Commander S.p. Rathore

The Chairman-cum-managing Director, Rajasthan Financial Corporation and Anr. Vs. Commander S.c. Jain (retd.) & Anr.

Union of India & Anr Vs. Onkar Nath Dhar

Narain Khamman Vs. Parduman Kumar Jain

WING COMMANDER M.P. SETHI (RETD.) & ORS. v. UNION OF INDIA & ANR. [ CW 9478/2007 INDLHC 3252 (12 July 2010)]

Shri R.r. Bhanot Vs. Union of India and Ors.

R.r. Parekh Vs. Hlgh.court of Gujarat & Anr.

Hasmat Raj & Anr. Vs. Raghunath Prasad

Union of India & Anr. Vs. Wing Commander R.r. Hingorani (retd.)

Union of India & Anr. Vs. Wing Commander R.r. Hingorani (retd.)

Please Log-in to view this content

Similar Documents

Union of India and Anr. Vs. Wing Commander T. Parthasarathy

Union of India & Ors. Vs. Wing Commander S.p. Rathore

The Chairman-cum-managing Director, Rajasthan Financial Corporation and Anr. Vs. Commander S.c. Jain (retd.) & Anr.

Union of India & Anr Vs. Onkar Nath Dhar

Narain Khamman Vs. Parduman Kumar Jain

WING COMMANDER M.P. SETHI (RETD.) & ORS. v. UNION OF INDIA & ANR. [ CW 9478/2007 INDLHC 3252 (12 July 2010)]

Shri R.r. Bhanot Vs. Union of India and Ors.

R.r. Parekh Vs. Hlgh.court of Gujarat & Anr.

Hasmat Raj & Anr. Vs. Raghunath Prasad

Union of India & Anr. Vs. Wing Commander R.r. Hingorani (retd.)