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Supreme Court of India 2022-02-15 allowed

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY vs RAVINDRA KUMAR SINGHVI (DEAD) THR

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

The respondent obtained allotment of a residential plot in Noida by filing a false affidavit stating that neither he nor his spouse owned any other plot, when in fact his wife had already been allotted a different plot. The authority noticed this discrepancy and cancelled the allotment. The lower courts decreed the respondent's suit for declaration, holding that formal lease determination procedures were not followed. The Supreme Court held that fraud in obtaining allotment vitiates it ipso facto, and no formal procedural requirements apply. The respondent, having come to court with unclean hands through fraudulent affidavits, was not entitled to relief. The appeal was allowed and the suit dismissed.

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Real Property Law Housing and Urban Development Transfer of Property Act Fraud and Misrepresentation Administrative Law Affidavits and Evidence Lease Cancellation Procedural Law

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