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Supreme Court of India 2021-09-27 allowed

NEW DELHI MUNICIPAL COUNCIL vs GANGA DEVI & ANR

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

The New Delhi Municipal Council challenged a High Court order directing it to transfer a shop allotment to an occupant. The occupant had acquired the shop through a partnership arrangement explicitly prohibited by the license deed. The Supreme Court held that the Council, upon receiving the market from the Government of India, acts as a delegate administrator only, not as owner. Regularization of allotments must follow the Union's pre-transfer policies and cut-off dates (20.10.1989), not the Council's own policies. Since the occupant was not in possession by the cut-off date and the partnership violated license terms, she had no claim to regularization. The Court set aside the High Court orders and restored eviction, granting the occupant time until 30 November 2021 to vacate.

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Administrative Law Real Property Licensing Transfer of Property Partnership Act Municipal Law

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