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Supreme Court of India 2021-09-07

Estate Officer and Anr vs Charanjit Kaur

Bench: 2 — Hemant Gupta

In Brief

The Supreme Court resolved three consolidated civil appeals concerning the conversion of leasehold residential plots in Chandigarh to freehold tenure. The District Forum and Consumer Commissions had ordered the Estate Officer to allow conversion upon payment of prescribed charges. The Court held that conversion is a sale of immovable property, not a 'service' under the Consumer Protection Act, so consumer fora lack jurisdiction. However, the Court found the administrative suspension of conversions pending rate revision to be invalid and arbitrary, since statutory rules permitting conversion remained in force and were not formally suspended. The Court directed the Administration to decide pending conversion applications as of the filing dates. Additionally, the Court issued wide-ranging directions to streamline administrative procedures for mutations, occupancy certificates, no-objection certificates, and unearned profit calculations, criticizing the Estate Office's arbitrary and citizen-unfriendly practices.

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Consumer Protection Law Real Property Law Administrative Law Arbitrariness and Discretion Statutory Rules and Regulations Leasehold and Freehold Tenure Government Authorities

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