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AMIT SETH
Meerabai Mirdha – Appellant
Versus
State of M. P. – Respondent
ORDER
1. With the consent of parties, the matter is heard finally.
2. The instant writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner challenging the order dated 28.4.2016 (Annexure-P/1) passed by respondent No.3 and prays for the following reliefs:
"(i) That, this Hon'ble Court may kindly be pleased to allow this writ petition.
(ii) The respondents may kindly restrained from dispossessing the petitioner from the house in question.
(iii) The impugned order Annexure-P/1 may kindly be set aside.
(iv) The respondents may kindly be directed to allow the petitinoer to deposit the amount as per their allotment letter and also be directed to execute a lease agreement in favour of the petitioner within the stipulated time.
(v) The cost of the petition may kindly be awarded.
(vi) The allotment of house No.A-62 in favour of Gandhrav Singh may kindly be set aside."
3. It is the case of the petitioner that she belonging to EWS category, was allotted house No.A-62 by respondent No.3 vide order dated 16.11.2004, pursuant to the application submitted by her on "first come, first served" basis in Apna Ghar Scheme at Shatabdipuram Colony,
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
The court affirmed that applicants under a housing scheme are bound by the terms they accepted, including payment obligations, and cannot contest cost escalations due to delays not promised by the Bo....
The court affirmed that applicants under a housing scheme are bound by the terms of the scheme, including any cost adjustments made by the housing authority.
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
Timely action against administrative decisions is essential, as courts cannot condone delays after significant lapses, particularly when property rights have transferred.
The Housing Board's cancellation of plot allotment was invalid due to lack of notice and failure to follow due process, violating principles of natural justice.
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