Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lease: Grant of lease of shops - For rehabilitation of ex-servicemen - By Army Station Commander - Lease granted for a period of 11 months |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | lease: Grant of lease of shops - For rehabilitation of ex-servicemen - By Army Station Commander - Lease granted for a period of 11 months which was renewable from year to year - Jn the year 2007 policy introduced whereby lease was not to be extended/renewed beyond 5 years - Leases of the lease-holders were cancelled - Appellants-lease-holders challenged non-renewal of their leases - Single Judge of High Court dismissed the writ petitions - Letters Patent appeals were also dismissed - Some petitioners filed SLP which were dismissed - Thereafter review petitions were filed by the petitioners who had not approached Supreme Court as well as those who had approached Supreme Court - Dismissal of review petitions .- On appeal, plea that the letter on which the courts below had placed reliance, being a draft letter, a fraud was committed by the Government upon the Court and hence the whole action based on this fraud was vitiated - Held: Every wrong action is not a fraudulent action - The fact that the letter was a draft letter does not show that it was fraudulently introduced by Union of India - Mere allegations of fraud made for the first time before Supreme Court is not sufficient - From the facts case, it is evident that no guidelines have been framed with regard to the shops on defence lands created out of Government was authorised to issue the SOP dated 1 J'h April, 2007 - There is nothing arbitrary in the policy of SOP 2007- Fraud. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 875 |
Petitioner | Chandro Devi & Etc. |
Respondent | Union Of India And Ors. |
SCR | [2017] 8 S.C.R. 653 |
Judgement Date | 2017-09-08 |
Case Number | 11360-11361 |
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