Delhi State Indus. Dev. Corpn. Vs. Ashok Kumar Madan
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Head Note
Constitution of India, 1950 - Article 14 , Article 226
Relocation - Allotment of Plot - Non-deposit of amount within stipulated period - Cancellation of plot - The respondent had paid interest on the delayed payment to the account of the appellant-Corporation, which was accepted by it and it did not take any action either against its officer or for the return of money to the respondent between the period 2004-2008 - Held that it certainly created equity in favour of the respondent - The appellant-Corporation has failed to satisfy the Court with cogent and reasonable explanation as to why the money paid by the respondent for the allotment of the plot was not returned to him by the appellant-Corporation which has led him to believe that his delayed payment towards the cost of the allotted plot had been accepted by the appellant-Corporation -The respondent has been wrongfully denied the benefit of allotment of the plot -The quashing of the cancellation of the allotted plot by the High Court held to be legal and valid - The appellant-Corporation directed to re-allot the plot originally allotted to the respondent and if the same is not available, an alternative plot, in the same Industrial Area or any other proximate area be allotted to him within a period of four weeks from the date of receipt of the copy of this order.
Topic(s)-Industrial Plot - Cancelation of Allotment