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Supreme Court of India 2022-05-05 allowed

Ritu Maheshwari vs Promotional Club

Bench: 3 — S. Ravindra Bhat

In Brief

A promotional club applied for industrial plots under NOIDA's 2010 scheme. When NOIDA terminated the scheme, the club petitioned the High Court claiming arbitrary non-consideration. The High Court directed NOIDA to consider the club's applications under the old scheme. NOIDA complied by considering them under the current 2020 scheme instead. The Supreme Court held that applicants have no vested right to allotment under a closed scheme—only a right to be considered. Once a scheme ends and its closure is unchallenged, applications must be evaluated under the prevailing scheme at the time of consideration. The Court also found the club had suppressed material facts, including that it had already been allotted a plot in 2014, disentitling it to equitable relief. NOIDA's appeals were allowed and the High Court orders set aside.

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Administrative Law Public Interest Scheme Closure Allotment of Industrial Plots Discretionary Relief Non-disclosure of Material Facts

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