Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | interest of justice humanitarian grounds |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | CONSTITUTION OF INDIA, 1950: Art.142 - Allotment of plot cancelled for deficiency in payment - Stand of allottee that being an illiterate widow, she could not notice the amount that remained to be paid - Held: It may be that the Development Authority did not have any discretion either to extend the time for payment or to regularise the allotment which had been initially made in favour of husband of appellant - Therefore, decision rendered by Single Judge, as confirmed by Division Bench of High Court cannot be said to be legally erroneous - However, it also cannot be ignored that appellant is an illiterate widow and has two minor children - This apart, it has been pointed out that the site which was allotted to her is still available and can be given to her - In view of peculiar facts and circumstances of the case, and, purely in the interest of justice on humanitarian grounds, in exercise of jurisdiction under Art. 142 of the Constitution, it is directed that the site which was originally allotted to appellant's husband and subsequently allotted to her, be regularised and registered in her name - She will, however, make payment of balance amount along with 18% interest from due date. |
Judge | N/A |
Neutral Citation | 2013 INSC 183 |
Petitioner | J. Sundramma |
Respondent | State Of Karnataka & Anr. |
SCR | [2013] 2 S.C.R. 453 |
Judgement Date | 2013-03-21 |
Case Number | 2648 |
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