Back
ANAND PATHAK, HIRDESH
M. P. Housing and Infrastructure Development Board – Appellant
Versus
Bhu Datta Sagar – Respondent
ORDER
Per: Justice Anand Pathak
1. With the consent of learned counsel for the parties, appeal is heard finally.
2. The present Writ Appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant being aggrieved by the order dated 20.9.2024 passed in Writ Petition No.1617/2013, whereby petition filed by the petitioner (respondent no.1 herein) has been allowed.
3. Precisely stated facts of the case are that a Scheme was floated by the appellant - M.P.Housing and Infrastructure Development Board at Pt. Dindayal Nagar, Gwalior for allotment of plots to the members of SC ST community. Since the petitioner belongs to the SC community, therefore, he applied for the same. Initially, installment of Rs.2,400/- was paid and as per allotment letter dt.15.7.2003 (Annexure P/3), petitioner was allotted a plot No. EE-613 subject to certain conditions including the payment of Rs.17,202/- in total as cost of the plot. Since the petitioner deposited Rs.4,900/- already, therefore, remaining amount of Rs.12,327/- had to be deposited by him within fifteen days. Since the petitioner did not deposit the remaining amount for years t
The main legal point established in the judgment is that delay and inaction on the part of the petitioner can disentitle them from the relief sought, especially when no right had accrued in their fav....
Cancellation of allotment of residential property due to non-deposit of instalments of balance amount can be set aside where allottee is making a fair offer with all bonafides.
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....
Timely action against administrative decisions is essential, as courts cannot condone delays after significant lapses, particularly when property rights have transferred.
No party can benefit from its own wrong; UPSIDA cannot charge interest for delays caused by its own actions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
