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ALOK ARADHE, J. SREENIVAS RAO
Hyderabad Urban Development Authority, rep. , by its Vice Chairman, Hyderabad – Appellant
Versus
S. V. Castle Creators & Engineers Private Limited – Respondent
JUDGMENT:
(per the Hon'ble Sri Justice J. Sreenivas Rao)
This intra-court Appeal is filed aggrieved by the orders passed by the learned Single Judge of the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in allowing Writ Petition No.14316 of 2008, dated 30.09.2015, setting aside the proceedings No.5640/EMC/HUDA/96, dated 02.03.2008, issued by appellant No.1 cancelling the allotment made in favour of the respondent vide proceedings dated 28.08.1996.
2. Heard Sri Pottigari Sridhar Reddy, learned Special Government Pleader representing learned Advocate General appearing on behalf of the appellants and Sri C.Raghu, learned Senior Counsel appearing on behalf of the respondent.
3. For the sake of convenience, the parties in this appeal are referred to as petitioner and respondents, as they are arrayed in the writ petition.
4. Brief facts of the case:
4.1. Respondent No.2-Hyderabad Urban Development Authority, Hyderabad, had issued auction of sale notification from respective bidders proposing to conduct public auction-cum-sale in respect of 22 commercial plots and 6 residential plots situated at Ramachandrapuram and Sarrornagar by ment
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.
Non-compliance with payment schedules in allotment agreements leads to automatic cancellation of rights to the property.
The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.
The principle of unjust enrichment and the doctrine of legitimate expectations were central to the court's decision, emphasizing the obligation of the Development Authority to act fairly and reasonab....
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
A party cannot benefit from its own default; the court upheld the cancellation of allotment due to non-payment of dues.
Non-payment of lease salami within stipulated time does not automatically cancel allotment; requires active governmental cancellation, establishing a directory interpretation of time limits.
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