Supreme Court Overturns High Court Ruling on Resumption of Allotment Plot Due to Non-Payment.


10 December 2024 Civil Appeals >> Civil & Consumer Law  

The appeal of Chandigarh Administrator & Ors. Vs Manjit Kumar Gulati & Ors., stem from a decision made by the Punjab and Haryana High Court on January 14, 2015, which quashed the resumption order of a plot allotted to Manjit Kumar Gulati and others. The court ordered that the plot be restored to the allottees and directed them to pay the outstanding amount within a specified time, failing which the resumption order would be revived. However, the appellants challenged this decision in the Supreme Court, arguing that the allottees had failed to pay the dues and did not comply with the auction agreement, leading to the cancellation of their lease. Despite multiple opportunities given to the allottees to clear their dues, they did not comply, and the High Court's decision to restore the plot was questioned.

 

 

Further, M/s. Mohit Medicos, allegedly a tenant of the allottees, filed a writ petition challenging the decision. However, the appellants contended that no document proved M/s. Mohit Medicos' status as a tenant, making their appeal invalid. The Supreme Court found the High Court's ruling to be erroneous, as M/s. Mohit Medicos lacked standing in the case, and the allottees had failed to fulfill their obligations. The Supreme Court set aside the High Court's decision, favoring the appellants.


Public Premises (Eviction of Unauthorised Occupants) Act, 1971