VidhiSangh

Supreme Court of India · 08/05/2019

SANT LAL GUPTA & ORS. versus UMESH KUMAR JAIN & ORS.

[2019] 7 S.C.R. 506 · 2019 INSC 653

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Summary

In contempt proceedings over failure to honour undertakings to vacate cooperative-housing flats, the Court directed possession for the reinstated original members while providing a route for displaced occupants to obtain flats in a proposed new building. The occupants had contributed to the original construction and entered after the original members’ expulsion, later set aside. Those equities supported tailored directions, without relieving them of the obligation to vacate or guaranteeing construction without required approvals.

Issues

  1. How the possession orders and undertakings should be enforced while accounting for the displaced occupants’ financial contributions.
  2. What conditions should govern the proposed new building and renewed membership.

Held

Result

Contempt petitions disposed of without costs on the detailed directions in paragraph 12: mandatory vacation and allotment to entitled original members, plus a conditional membership and new-building route for displaced occupants. No separate punishment imposed; construction remained subject to approvals.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 506.