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Supreme Court of India 2023-03-03 dismissed

Gurjit Singh (D) Through LRs vs Union Territory, Chandigarh & Ors

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The appellant, owner of Shop No. 27 in a Chandigarh agricultural market, sought allotment of an auction platform (shed) in front of his shop. However, the respondent had been operating on that platform since 1970 and retained it when allotments were made following a shed collapse in 2007. The Supreme Court held that rights to use a shop and to use an auction platform are distinct and separate. A shop owner has no automatic right to a specific platform merely by owning a shop. Since the respondent had occupied the platform before the collapse and was reallocated according to official guidelines prioritizing prior possession, the Court upheld the High Court's dismissal of the appellant's challenge.

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Administrative Law Market Regulation Licensing and Allotment Property Rights Public Goods Allocation Agricultural Markets Statutory Interpretation

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