Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1964: r.14 - Non-completion of building within time prescribed from the date iof issue of the allotment letter Punjab Urban Estate (Development and Regulation) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Urban Estate (Development and Regulation) Rules, 1964: r.14 - Non-completion of building within time prescribed from the date of issue of the allotment letter - Demand of non-construction fee/extension fee - Held: In the instant case, allottee having failed to abide by the terms and conditions and did not raise construction, he was liable to pay non-construction fee/extension fee which was demanded from him in order to enable him to avoid resumption of the plot to the appellant-authority. Approbate and reprobate: Allotment letter - Specific condition that non-construction of building would lead to resumption of the plot under the provisions of the Acts and the Rules - Non compliance of - Demand raised for payment of non-construction fee/extension fee - In order to avoid resumption of the plot by the Authority, allottee paid the extension fee - After availing the benefit of extension on payment of extension fee, allottee sent a letter to the Estate Officer demanding refund of the extension fee on the basis of amended Rule 13 of 1995 Rules - Held: The defaulting allottee cannot be allowed to approbate and reprobate by first agreeing to abide by terms and conditions of allotment and later denying their liability as per the agreed terms - It is settled proposition of law that once an order has been passed which is complied with, accepted by the other party who derived the benefit out of it, he cannot subsequently challenge it on any ground - Punjab Regional and Town Planning and Development (General) Rules 1995.Doctrines/Principles: Doctrine of election - Held: Is based on the rule of estoppel, the principle that one cannot approbate and reprobate is inherent in it - The doctrine of estoppel by election is one among the species of estoppel in pais (or equitable estoppel), which is a rule of equity - By this law, a person may be precluded, by way of his actions, or conduct, or silence when it is his duty to speak, from asserting a right which he would have otherwise had. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 194 |
Petitioner | State Of Punjab And Others |
Respondent | Dhanjit Singh Sandhu |
SCR | [2014] 3 S.C.R. 1121 |
Judgement Date | 2014-03-14 |
Case Number | 5698-5699 |
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