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ANAND PATHAK, ANAND SINGH BAHRAWAT
Meerabai Mirdha – Appellant
Versus
State of M. P. – Respondent
ORDER
Pathak, J.-- 1. The present writ appeal preferred under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyyaypeeth Ko Appeal) Adhiniyam, 2005 by appellant against the order dated 13.10.2025 passed by learned Single Judge in Writ Petition No.3569/2016, whereby petition preferred by the appellant (hereinafter referred to as “the petitioner”) has been dismissed.
2. The matter pertains to cancellation of allotment of house No.A-62 allotted under Apna Ghar Scheme at Shatabdipuram, Gwalior. Petitioner being belonging to Economically Weaker Session (EWS) category was allotted house No.A-62 by respondent No.3 vide order dated 16.11.2004. In terms of the allotment order dated 16.11.2004, the total cost of the house in question was Rs.52,500/-, against which petitioner deposited Rs.10,000/- towards registration charges at the relevant time. Since petitioner did not pay the installments, therefore, she was served with a notice dated 14.8.2012 asking her to pay installment amount of Rs.3,98,417/- as per the decision of the Board of Gwalior Development Authority (GDA) dated 8.6.2012, failing which the allotment would stand cancelled. Against the said notice, petitioner approache
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 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.
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.
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 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....
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