Housing – Allotment of plot/property – Cancellation thereof – Appellant, a lady of about 55 years, was allotted residential property by the respondents – Appellant made upfront payment and paid the first three installments regularly and in time – However, she defaulted in making payment of the remaining four installments – Due to non-deposit of installments of the balance amount, the allotment was cancelled – Appellant filed writ petition – High Court dismissed the petition on the ground that appellant did not fulfill the terms and conditions as provided under the Scheme and did not deposit the installments regularly and as and when due and payable, and therefore the authorities were within their rights to cancel the allotment – On appeal, held: Appellant could not make payment of the remaining four installments as she was in financial difficulty due to ill-health of her husband, however, she did make the payments subsequently with interest – The said payments show the bonafides of the appellant and that there was no deliberate, willful delay on her part in not making the payment of installments in time – Even thereafter, the appellant deposited a further sum of Rs.50,000/pursuant to interim order passed by the High Court and therefore the appellant has already deposited a total sum of Rs.3,84,546/(including interest) against the total value/cost of Rs.2,70,000/- – Even now appellant is ready and willing to pay a further sum of Rupees two lakhs towards compensation for the delay in making the payment of installments – The offer made by the appellant is a fair offer – Further, the allotment of plot was in favour of a lady which was made under the Middle-Income Group Scheme and the plot being still vacant and not allotted to any other person, the order of cancellation may be set aside.
Allowing the appeal, the Court
HELD:1. It is not in dispute that at the time of allotment, the appellant made the upfront payment of Rs.94,500/- and thereafter made payment towards the first three instalments. However, thereafter because of the ill-health of her husband she was in financial difficulty and therefore she could not make the payment of the remaining four instalments which she made on 16.06.2006 with interest. The aforesaid payments show her bonafides and that there was no deliberate, willful delay on the part of the appellant in not making the payment of instalments in time. Even thereafter the appellant has deposited a further sum of Rs.50,000/- pursuant to the interim order passed by the High Court and therefore by now the appellant has deposited a total sum of Rs.3,84,546/- (including interest) against the total value/cost of Rs.2,70,000/-. Therefore, now when the appellant is ready and willing to pay a further sum of Rupees two lakhs towards compensation for the delay in making the payment of instalments, this Court is of the opinion that the offer made by the appellant is a fair offer and by which, allotment of plot in favour of a lady which is made under the Middle-Income Group Scheme and the plot being still vacant and not allotted to any other person, the order of cancellation of the plot in question may be set aside. On payment of a further sum of Rs.2,00,000/- (Rupees Two Lakhs) within the time stipulated, the respondents are directed to hand over the vacant possession of the plot in question to the appellant and execute the necessary documents, if any. [Paras 5.1, 6] [178-F-H; 179-A-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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