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Supreme Court of India 2021-02-03 allowed

U.P. Housing & Development Board & Anr vs Namit Sharma

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This appeal challenges a High Court order directing allotment of a plot to the respondent from a housing scheme. The respondent's grandfather had registered for a plot but died without receiving any allotment. The respondent later sought transfer of the registration to his own name. A Government order in 2002 invalidated all old unsuccessful registrations. The Supreme Court held that the respondent had no entitlement to allotment because: (1) no allotment was ever made to his grandfather; (2) he never personally participated in the allotment process; and (3) the old registration became invalid under the Government order. The Court found the High Court had erred in directing allotment based merely on vacant plots being available, as this would unjustly benefit one person while depriving eligible applicants. Appeal allowed; writ petition dismissed.

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Administrative Law Housing and Urban Development Regulatory Compliance Allotment of Property Succession and Inheritance Government Orders Writ Jurisdiction

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