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Supreme Court of India 2016-03-02 allowed

Estate Officer, U.T. Chandigarh & Ors vs Rajan Soi & Ors

Bench: 2 — Kurian

In Brief

The Union Territory of Chandigarh appealed against a High Court order that had directed reconsideration of a writ petition challenging the cancellation of a leasehold plot, with instructions to consider it in light of the judgment in Jasbir Singh Bakshi. The Supreme Court held that Jasbir Singh Bakshi, which dealt with resumption and deposit matters, did not apply to the respondents' case, which involved retransfer under Rule 21-A. The Court found that the statutory period to seek time for payment of default instalments had expired by an earlier order, making reconsideration inappropriate. The appeal was allowed and the writ petition was remitted to the High Court for fresh consideration on merits.

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Administrative Law Property Law Writ Jurisdiction Lease and Tenancy

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