Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Housing – Allotment of plot/property – Cancellation thereof |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Housing – Allotment of plot/property – Cancellation thereof – Appellant, a lady of about 55 years, was allotted residential property by the respondents – Appellant made upfront payment and paid the first three installments regularly and in time – However, she defaulted in making payment of the remaining four installments – Due to non-deposit of installments of the balance amount, the allotment was cancelled – Appellant filed writ petition – High Court dismissed the petition on the ground that appellant did not fulfill the terms and conditions as provided under the Scheme and did not deposit the installments regularly and as and when due and payable, and therefore the authorities were within their rights to cancel the allotment – On appeal, held: Appellant could not make payment of the remaining four installments as she was in financial difficulty due to ill-health of her husband, however, she did make the payments subsequently with interest – The said payments show the bonafides of the appellant and that there was no deliberate, willful delay on her part in not making the payment of installments in time – Even thereafter, the appellant deposited a further sum of Rs.50,000/- pursuant to interim order passed by the High Court and therefore the appellant has already deposited a total sum of Rs.3,84,546/- (including interest) against the total value/cost of Rs.2,70,000/- – Even now appellant is ready and willing to pay a further sum of Rupees two lakhs towards compensation for the delay in making the payment of installments – The offer made by the appellant is a fair offer – Further, the allotment of plot was in favour of a lady which was made under the Middle-Income Group Scheme and the plot being still vacant and not allotted to any other person, the order of cancellation may be set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 561 |
Petitioner | Anjana Saraiya |
Respondent | The State Of U.p. & Ors. |
SCR | [2022] 3 S.C.R. 174 |
Judgement Date | 2022-05-12 |
Case Number | 3784 |
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