VidhiSangh

Supreme Court of India · 10/07/2019

M/S HANDE WAVARE & CO. versus RAMCHANDRA VITTHAL DONGRE & ORS.

[2019] 9 S.C.R. 181 · 2019 INSC 746

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Summary

Allotment of a vacant large market shop had to follow the court-approved Daud Committee norms. A claimant could not establish eligibility through an impermissible transfer of his father’s booking, nor could a partnership rely on partners’ individual payments and licences. Two marginally deficient claimants could compete under the earlier High Court direction. The Court replaced the lottery with sealed offers from four eligible claimants at an upset value of ₹55 lakh.

Issues

  1. Whether a transferred parental booking or partners’ individual qualifications established eligibility under the court-approved allotment norms.
  2. Whether marginally deficient claimants could compete and whether allotment should proceed by lottery or sealed offers.

Provisions considered

Held

Result

Appeals disposed of with directions: Habibullah’s claim rejected and the partnership’s ineligibility affirmed. Hande Wavare to regain its small shop, vacate F-158 by 30 September 2019 and receive ₹27,69,500 refund within two weeks of vacating. APMC to notify ₹55 lakh upset value by October-end, receive four eligible claimants’ sealed tenders by 15 November, open them on 22 November 2019 and allot to the highest bidder under its payment rules.

Judgment PDF: Supreme Court of India, [2019] 9 S.C.R. 181.