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Supreme Court of India 2021-09-27 allowed

New Delhi Municipal Council vs Ganga Devi & Anr

Bench: 2 — Hemant Gupta

In Brief

The New Delhi Municipal Council challenged a High Court order directing it to transfer a market stall allotment to an occupant. The predecessor licensee had prohibited subletting and partnership under the 1998 license deed. The occupant acquired a 80% partnership stake in 2000 and claimed regularization under government ownership policies with a 20.10.1989 cut-off date—but was not in possession by that date and the stall was not covered by the later 2001 public notice. The Supreme Court held the Council, as mere administrator of transferred markets, could only apply Union policies, not its own. The express license prohibitions on partnership were violated. The eviction was justified and the High Court orders were reversed.

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Administrative Law Lease and License Partnership Regularization of Allotment Municipal Law Government Property

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