In Brief
A booth was allotted on 99-year lease in 1996 for Rs 70,500. The respondent defaulted on three instalments and ground rent due since 1997-99, despite 26 opportunities to pay. The administration cancelled the allotment and evicted him. The High Court set aside the cancellation, ordering return of deposited amounts to enable payment. The Supreme Court reversed the High Court, holding that consistent default justifies cancellation. However, applying proportionality to the 23-year-old allotment, the respondent was allowed six months to pay the 2010 market value (Rs 12.78 lakhs less amounts already paid) to revive the allotment, failing which eviction would proceed.
The lawyer headnote and full judgment text are available to registered users.