VidhiSangh

Supreme Court of India · 06/08/2019

CHANDIGARH ADMINISTRATION AND versus HARI RAM

[2019] 11 S.C.R. 57 · 2019 INSC 866

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Summary

Persistent default in premium instalments and ground rent despite twenty-six opportunities justified action against a commercial booth allottee; business difficulties did not excuse the default. The High Court’s unconditional relief was set aside. Balancing the parties’ interests in the particular circumstances, the Court nevertheless permitted confirmation of allotment upon payment of the booth’s 2010 value, less credited payments, within six months. That tailored relief was expressly denied precedential effect.

Issues

  1. Whether repeated payment defaults justified cancellation despite the allottee’s plea of hardship.
  2. What conditional relief should be granted on the particular facts.

Held

Result

Appeal allowed and High Court order set aside. Allottee given six months to pay Rs.10,25,950 for confirmation and execution of documents at his expense; otherwise Administration may proceed with eviction according to law. Relief expressly confined to this case.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 57.