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2019 Supreme(SC) 591

D.Y.CHANDRACHUD, HEMANT GUPTA
UP Housing and Development Board – Appellant
Versus
Ramesh Chandra Agarwal – Respondent


Advocates Appeared:
For the Petitioner(s) Mr. Vishwajit Singh, AOR Mr. Pankaj Singh, Adv. Ms. Vijaya Singh, Adv. Ms. Veera Kaul Singh, Adv.

JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J.

1. Leave granted.

2. In 1982 the appellant floated a scheme for Economically Weaker Sections. The respondent deposited an amount of Rs. 500, initially in 1982, for registration. Later, in 1985, an additional amount of Rs. 500 was deposited when the registration fee was enhanced to Rs. 1000. Clause 5 of the Registration Booklet provided as follows:

“The registration of a person does not in any way confer any right or guarantee that the Board is bound to allot a plot or house to him, nor will he be entitled to claim any compensation if he is not allotted the property as desired by him.”

3. The appellant is governed by the UP Awas Evam Vikas Parishad-Registration and Allotment of Plots and Houses Rules, 1979, [Rules of 1979]. Rule 15 provides as follows:

“Board is not bound to allot the houses/plots to every registration holder. Those who are not allotted the land/house by the Board are not entitled to claim the dues/amount spent.”

4. Rule 30 contains the following stipulations:

“Sending Application Form, Written Consent is necessary:

(1) In the event of availability of property in any Scheme, intimation to effect shall be published in newspapers th


















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