NDLI: The Bihar State Housing Board & Ors. Vs. Radha Ballabh Health Care and Research Institute (p) Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	sole applicant not allotted plot Advertisement of plot for health center Public property Challenge to
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Public property: Allotment of plot – Advertisement of plot for health center by appellant – Respondent even though being the sole applicant not allotted plot – Challenge to – In a writ petition, direction by the High Court to the appellant to consider respondent’s application – Appellant allotted two plots without any advertisement, in lieu of the plot advertised earlier – Respondent paid the amount demanded by the appellant – Thereafter, writ petition by the respondent disputing the allotment price which was allowed by the Single Judge of the High Court – Said order upheld – On appeal, held: Response to an advertisement does not lead to any obligation on the appellant to allot any plot – Mere fact that the respondent had applied for allotment of a plot does not confer any legal or equitable right to seek allotment of any plot – Appellant was more than indulgent in allotting two plots without any advertisement – Public property could not be disposed of without any advertisement and without giving opportunity to eligible persons to apply and seek consideration of allotment of public property in a transparent and non-discriminatory manner – Thus, the allotment of two plots, on the basis of direction given by the High Court to consider the claim of the respondent, is against the public interest – However, the respondent has constructed hospital which is operational thus, the allotment cannot be cancelled – Action of the respondent to dispute the allotment price after accepting the price is neither fair nor reasonable and cannot be accepted – Appellant as a State is required to act fairly in fixation of price for allotment of a plot – Order of the High Court to direct the appellant to charge the price proportionate to the price advertised earlier has no legal basis and is set aside.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 1031
Petitioner	The Bihar State Housing Board & Ors.
Respondent	Radha Ballabh Health Care And Research Institute (p) Ltd.
SCR	[2019] 12 S.C.R. 444
Judgement Date	2019-09-13
Case Number	7243

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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
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The Bihar State Housing Board & Ors. Vs. Radha Ballabh Health Care and Research Institute (p) Ltd.

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