Uttar Pradesh Awas Evam Vikas Parishad Bhukhando Tatha Bhavano Ke Panjikaran Evam Pradeshan – r.47 – In 1982, respondent’s grandfather got himself registered in a scheme for an HIG plot in appellant’s Housing Scheme – Before his death, he nominated respondent as his nominee – In 1997, respondent sought transfer of the registration in his name and for allotment of an HIG plot – Request refused by Housing Commissioner – Writ petition filed by respondent – Division Bench directed allotment of a plot to the respondent against his grandfather’s registration – On appeal, held: Respondent’s grandfather only got himself registered which made him eligible to participate in the process of allotment – Nothing on record indicates that at any point of time any allotment of plot was made in his favour – Mere registration in the name of respondent’s late grandfather which registration also came to an end after Government order dtd. 11.10.02 which made all the old registrations ineffective permitting applicants to get refund, there was no right left in the respondent to claim even registration much less an allotment – Endorsement dtd. 31.12.04 relied on to contend that there is an order passed by the Commissioner in exercise of power u/r.47 in respondent’s favour, is not an order passed by the Commissioner but only a recommendation made by an official person – Further, respondent’s prayer to allot Plot No.1/41 is malafide as the same was allotted to his father – High Court did not give any cogent reason as to on what basis direction was issued to allot a plot to the respondent – Mere statement of the counsel for the Board that 19 plots are vacant cannot be utilized for issuing such direction when otherwise respondent had no right for allotment – High Court erred in issuing the direction to allot a plot to the respondent – Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 – s.95(1) – Housing.
Uttar Pradesh Awas Evam Vikas Parishad Bhukhando Tatha Bhavano Ke Panjikaran Evam Pradeshan – r.47 – Power of Housing Commissioner – Discussed.
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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