VidhiSangh

Supreme Court of India · 16/04/2019

NISHA SINGLA versus ADARSH COLONY COOPERATIVE HOUSE BUILDING SOCIETY LTD. & ORS.

[2019] 6 S.C.R. 121 · 2019 INSC 535

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Summary

Although a cooperative-society member had litigated for a larger plot, the record indicated that possession of even the smaller plot allotted to her had never been delivered. The Supreme Court used Article 142 to direct a Registrar-led inquiry into the original allotment and subsequent re-allotment after the earlier allotments were cancelled. Confirmed allotment would entitle her to possession of a 250-square-yard plot, with appropriate relief if that plot was unavailable, after hearing affected persons.

Issues

  1. Whether failure previously to seek possession expressly should defeat relief where the record showed non-delivery.
  2. What inquiry and conditional relief were necessary concerning the allotment and re-allotment.

Held

Result

Appeals disposed of with directions for the Registrar’s inquiry, hearing and appropriate allotment or possession relief, preferably within four months of production of the certified order.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 121.