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Supreme Court of India · 15/02/2022

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY versus RAVINDRA KUMAR SINGHVI (DEAD) THR. LRS

[2022] 1 S.C.R. 1113 · 2022 INSC 184

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

NOIDA cancelled a residential allotment after discovering that the allottee and his wife had submitted false affidavits despite holding separate allotments contrary to the eligibility conditions. The Court reversed decrees protecting the allottee. Subsequent transfer of the wife’s plot and arguments about possession did not cure the false declarations. Fraud in obtaining the allotment justified cancellation, and any procedural irregularity concerning the Chief Executive Officer’s permission had in any event been cured.

Issues

  1. Whether false affidavits concealing a spouse’s allotment justified cancellation despite subsequent transfer of that plot.
  2. Whether the cancellation failed for want of prior permission of the Chief Executive Officer.

Held

Result

Appeal allowed. Judgments and decrees below set aside and the allottee’s suit dismissed, sustaining cancellation of the fraudulently obtained allotment.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 1113.