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Supreme Court of India 2018-10-23 allowed

Ghaziabad Development Authority & Ors vs Machhla Devi

Bench: 2 — N.V. Ramana

In Brief

Ghaziabad Development Authority allotted a house to Machhla Devi under a hire-purchase scheme, but she defaulted on payments and the allotment was cancelled. After 14 years of unauthorized possession, the authority sought eviction. The High Court ordered regularization of her allotment. The Supreme Court set aside this order, holding that unauthorized possession of public property without payment amounts to unjust enrichment against public interest. The Court emphasized that a co-ordinate Bench's final order cannot be nullified without notice to the affected party, and directed immediate eviction with police assistance.

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Constitutional Law Public Property Eviction Hire-Purchase Natural Justice Unjust Enrichment

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