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ARUN MONGA
Chandigarh Administration/ State of U. T. , Chandigarh – Appellant
Versus
Aarti Devi (Since Deceased) through LRs – Respondent
JUDGMENT
Mr. Arun Monga, J. (Oral)
CM-3429-C-2023
For the reasons stated in application, same is allowed. Delay of 76 days in filing appeal is condoned, subject to all just exceptions.
CM-3430-C-2023
This is an application filed by appellants under Order 41, Rule 27 CPC for permission to place on record letter dated 13.10.2015 (Annexure A-1) by way of additional evidence.
No grounds are made out to allow appellants to adduce additional evidence at this belated stage.
Dismissed.
Main case (O&M)
For convenience, parties herein are addressed as per the recitals before learned trial Court.
2. Having suffered concurrent adverse findings by the two Courts below, appellant/defendants are in second appeal before this Court assailing learned trial Court judgment and decree dated 18.11.2009, as upheld by learned First Appellate Court vide its judgment and decree dated 24.08.2022, whereby suit of the respondent- plaintiff was decreed and defendants were directed to issue allotment letter as well as to handover possession of Plinth Site No.1800, Sector 25, Chandigarh to plaintiff which was allotted to her in a draw of lot against her Jhuggi No.69/1, Janta Labour Colony, Sector 25, Chandigarh unde
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
The court ruled that administrative decisions regarding allotment policies operate prospectively, ensuring that applicants who complied with prior requirements are not adversely affected by subsequen....
1. Interest will be calculated after the period of assured possession has elapsed – from when cause of action has arisen2. Arbitration is not a bar to consumer complaint
The principles of natural justice require that an allotment cannot be cancelled without due process, including notice and an opportunity to be heard.
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
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