VidhiSangh

Supreme Court of India · 10/12/2024

CHANDIGARH ADMINISTRATOR & ORS. & ETC. ETC. versus MANJIT KUMAR GULATI & ORS. & ETC. ETC.

[2024] 12 S.C.R. 947

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Summary

The Supreme Court set aside a High Court order that had restored a Chandigarh booth site whose lease was cancelled for non-payment of instalments. The allottees had been given repeated opportunities and a final chance to pay, and the alleged tenant who also challenged the resumption had produced no proof of tenancy, so no separate notice to it was required and its litigation was a proxy action for the defaulting allottees.

Issues

  1. Whether the High Court, under Article 226, was justified in quashing the cancellation and resumption of a leasehold site cancelled for failure to pay instalments of the premium after notice and hearing.
  2. Whether resumption was vitiated because notice was not served on an alleged tenant of the allottees.
  3. Whether the alleged tenant had standing to challenge the resumption, relying on the Full Bench reading of 'transferee' in Section 2(k) of the Capital of Punjab (Development and Regulation) Act, 1952.

Provisions considered

Held

Result

Appeals allowed; the High Court's common order restoring the site set aside.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 947.