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Supreme Court of India 2017-01-13 dismissed

Estate Officer UT Chandigarh and others vs Manjit Kaur

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns an allottee whose plot allotment was cancelled by the Estate Officer for failure to deposit the balance bid instalment on time. The High Court had decreed the suit in favour of the allottee, holding that resumption should be a last resort and that extension of time should have been offered instead. The Supreme Court dismissed the Estate Officer's Special Leave Petition, implicitly affirming that administrative discretion to cancel property must be exercised sparingly and consistently, without discrimination between similarly situated allottees. Where authorities have already condoned similar delays for others, denying the same relief violates principles of fair play and natural justice.

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Administrative Law Property Law Estoppel and Waiver Principles of Natural Justice Real Estate and Housing Statutory Interpretation Discretionary Authority

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