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Supreme Court of India 2021-02-03 allowed

U.P. HOUSING & DEVELOPMENT BOARD & ANR vs NAMIT SHARMA

Bench: 2 — Ashok Bhushan, R. Subhash Reddy

In Brief

The respondent sought allotment of a housing plot based on a registration originally made in his grandfather's name decades earlier. After the grandfather's death, the respondent applied for transfer of the registration to his own name. However, a 2002 Government order declared all unsuccessful applicants' old registrations invalid. The High Court directed the housing board to allot a plot to the respondent. The Supreme Court reversed this, holding that mere registration does not confer allotment rights; the applicant must participate in the prescribed allotment process. Since the respondent never participated in any draw of lots and no allotment was made in his grandfather's favour, he had no entitlement. The Court held that availability of vacant plots cannot override procedural fairness owed to other eligible applicants.

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