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Supreme Court of India 2019-04-09 dismissed

JYPD Scheme Welfare Trust vs Chief Officer, M.H.A.D. & Ors

Bench: 2 — M.R. Shah

In Brief

The appellant Trust sought allotment of a public playground plot in Mumbai under Regulation 16 of the Maharashtra Housing regulations. Although initially allotted, the allotment was cancelled by MHADA in 2004 on the ground that the Trust had failed to submit required documents. The High Court dismissed the Trust's writ petition, confirming the cancellation. The Supreme Court held that while the High Court was technically wrong in upholding cancellation based on new grounds introduced in the counter affidavit (rather than the original cancellation order), the subsequent intervention of a valid third-party lease that had not been challenged precluded interference. The appeal was dismissed without expressing views on the lease's validity.

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Administrative Law Land Allotment Public Law Statutory Interpretation Judicial Review Writ Jurisdiction

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