1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 12473 OF 2017

(Arising out of S.L.P. (C) No. 10035/2015)

GURWINDER SINGH Appellant (s)

VERSUS

STATE OF PUNJAB & ANR. Respondent(s)

O R D E R

1)

Leave granted.

2)

Heard the learned counsel appearing for the parties.

3)

The appellant has been non-suited on the ground that

his mother failed to deposit the necessary amounts at the

given time for Plot No. 190, which was allotted way-back in

the year 1996. On this ground, the allotment letter was

cancelled.

4)

The appellant has pointed out before the High Court

that others were similarly situate in that their

predecessors had also not paid at the due time but had paid

late, which was accepted. The High Court found that that

was not so in that payment, apparently, in the other cases

had been made on time.

5)

An additional affidavit, however, has been filed in

this Court in which it has been averred on oath that Ajit

Kaur's case is exactly similar to the appellant and is qua

the adjoining plot. No Counter Affidavit has been filed

Digitally signed by

R.NATARAJAN

Date: 2017.09.13

16:47:28 IST

Reason:

Signature Not Verified

2

refuting the aforesaid allegation. Since no such counter

affidavit is forthcoming from the Authorities, though they

have been given time to do so, we accept this allegation and

set aside the judgment and order dated 12.08.2014 passed by

the High Court.

6)

Allotment of physical possession will be handed over by

the Authorities to the appellant within a period of four

weeks, upon payment of the remaining dues, which shall be

remitted within a period of two weeks from today.

7)

The appeal is disposed of accordingly.

.......................... J.

(ROHINTON FALI NARIMAN)

.......................... J.

New Delhi;

(SANJAY KISHAN KAUL)

September 11, 2017.

3

ITEM NO.13 COURT NO.10 SECTION IV-B

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10035/2015

(Arising out of impugned final judgment and order dated 12-08-2014

in CWP No. 9892/2014 passed by the High Court Of Punjab & Haryana

At Chandigarh)

GURWINDER SINGH Petitioner(s)

VERSUS

STATE OF PUNJAB & ANR. Respondent(s)

(IA No.58731/2017-EXEMPTION FROM FILING O.T.)

Date : 11-09-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

For Petitioner(s)

Mr. Rakesh Khanna, Sr. Adv.

Ms. Tanuj Bagga Sharma, Adv.

Mr. Rajinder Mathur, AOR

For Respondent(s)

Ms. Amnadarakhshan, Adv.

Mr. Prem, Adv.

Mr. Fuzail Ahmad Ayyubi, AOR

Mr. Karan Bharihoke, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order.

Pending applications, if any, also stand disposed of.

(R. NATARAJAN) (SAROJ KUMARI GAUR)

COURT MASTER COURT MASTER

(Signed order is placed on the file)