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2025 Supreme(Online)(SC) 4989
SUPREME COURT OF INDIA
MANOJ MISRA, PRASANNA B. VARALE, JJ
UTTAR PRADESH AVAS EVAM VIKAS PARISHAD & ANR. – Appellant
Versus
SURENDRA PRASAD GUPTA & ANR. – Respondent
Civil Appeal No.11305/2016
For the Appellants/Petitioners: Mr. Vishwajit Singh, Mr. Abhishek Kumar Singh, Mr. Pankaj Singh, Ms. Anamika Yadav
For the Respondents: Mr. S.R. Singh, Mr. Rajeev Kumar Dubey, Mr. Ashiwan Mishra, Ms. Aditi Mishra, Mr. Vinod Kumar, Mr. Kamlendra Mishra
An allottee cannot challenge agreed payment terms subsequently; cancellation of allotment upheld based on contractual adherence.
Headnote:The Supreme Court, in the context of Civil Appeal No.11305 of 2016, analyzed the provisions related to allotment schemes under the Uttar Pradesh Avas evam Vikas Parishad regulations. The appellant contested the High Court's order that quashed the cancellation of allotment made to the respondent citing high installment rates as arbitrary. The Supreme Court found such conditions were expressly stated in the allotment letter and the allottee was fully informed of their obligations. The Court concluded the High Court erred in its judgment and allowed the appeal, reversing the earlier decision., The primary issue framed was whether the cancellation of the allotment based on payment conditions was justified. The ratio of the Court emphasized that once terms are agreed upon, the allottee cannot challenge them on grounds of hardship, as the cancellation was within the authority of the appellants. The appeal is hereby allowed and the High Court's decision set aside, with the Writ Petition of respondent No.1 dismissed.
| Table of Content |
|---|
| 1. relevant facts surrounding allotment and respondent's application. (Para 2 , 3) |
| 2. court's examination of the obligations under the allotment and justification for cancellation. (Para 5 , 8 , 9) |
| 3. discussion on the high court's decision and appellant's grievances. (Para 6) |
| 4. final judgment and decision to uphold cancellation. (Para 10) |
| 5. disposition of pending applications. (Para 11) |
O R D E R
1. Heard learned counsel for the appellant. None has appeared for the respondents even though they are reported to have been served with notice of the proceedings.
2. This appeal impugns judgment and order of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, dated 29.07.2013, passed in Miscellaneous Bench No.2149/2008.
3. In brief, the relevant facts are as follows:
a) Respondent No.1 had applied for allotment of a semi-
finished house under EWS/LIG/MIG/HIG Scheme floated by the appellants notifying the rate at which property was offered. Respondent No.1 applied in the EWS category. The Scheme gave an option to pay the consideration of the house in installments which, for the EWS category, was “10% within one Signature Not Verified Digitally signed bymonth of allotment and the balance amount with interest in Deepak Guglani Date: 2025.05.27
16:59:47 IST Reason:
monthly installments for 15 years.”
b) Pursuant to first respondent’s application, an allotment letter was issued which reads thus:
“ESTATE MANAGEMENT OFFICE Vrindavan Lucknow U.P. Avas Evam Vikas Parishad No.: 6087/E.M./ALT 5211 dated: 19.04.07 ALLOTMENT LETTER To, Sri Surendra Prasad Gupta S/o Triloki Nath Gupta, L-1/80A, Vineet Khand Gomti Nagar, Lucknow – 226010.
Re.: Please refer to your registration no.
077/40/R3-A/200501/4658 for allotment of property.
Following property has been allotted to you through lottery draw held on 26.10.2005:
1. City: Lucknow (Code 077)
2. Reservation Category: Backward (Code 05)
3. Scheme: Vrindavan Yojana -2 (Code 40) 4. Registration Scheme: General (Code 2)
5. Payment Mode: Installment (Code 1)
6. Property No.: 7D/186 (Code R3-A)
7. Area of property: 40.74 Sq. M.
8. Project ID: 40006 Form No.: 176
9. Rate per Sq. M: 3175.00 A. Cost of Property
1. Total cost of property: 129350.00
2. Cost of plot (after 20% rebate): 103480.00
3. Corner Charges: 0.00
4. Freehold charges (12%): 12418.00
5. Cost of building construction: 117758:00
6. Staff Rebate: 0.00
7. Total: 233656.00 Balance amount: 231156.00 B. Deposit so far:
1. Registration amount: Rs. 5000.00
2. Amt. deposited: Rs. 2500.00
3. Difference (+/-): Rs. 2500.00
4. Interest (From 1.2.2005 to 30.09.2005): 0.00
5. Total: Rs. 2,500.00 C. Amount Payable
1. Cash/Half Cash/Lump Sum Amount: 23455.0
2. (+/-) Difference: 2500.00
3. Total: 25965.00 Balance amount for installments: 205200.00 D. Misc. charges
1. Freehold Booklet: 50.00
2. Execution Charges for Agreement: 300.00 3. Sewer/Water connection charges: 5825.00
4. Advance water tax: 180.00
5. Site Plan fee: 50.00
6. Total: 6405.00 You are required to deposit 180 installments of Rs. 2,463.00 each starting from 1.5.2007.
Note:
1. In the event of delay in payment, late fee @ 15% shall be charged.
2. In case of change in the cost of allotted property due to court orders or any other reasons, the allottee shall be liable to pay the revised cost accordingly.
Amount mentioned in Part C above and the first installment shall be deposited in Punjab National Bank, Vrindavan Yojana, Lucknow in Parishad A/c No. CA-2147 and the amount mentioned in Part D shall be deposited in Punjab National Bank, Vrindavan Yojana, Lucknow in Parishad A/c No. CA 21432 up to 31.5.2007 positively. In case the allottee wants to get his allotment cancelled within three months of the allotment, his allotment shall be cancelled after forfeiting 20 percent of the registration amount of Rs. 5,000/-. Beyond three month from allotment, registration /allotment shall be cancelled after forfeiting 50 percent of the registration amount and the property shall be allotted to another person. In case of cash
