Rel­e­vant SC Judge­ments

Consumer Voice - - Legal Matters -

The Supreme Court (SC) has de­liv­ered a num­ber of judge­ments on var­i­ous con­flicts re­lat­ing to al­lot­ments of houses by hous­ing de­vel­op­ment au­thor­i­ties. In each case, the court has given a clear ver­dict. Over­all, such ver­dicts are bench­marks for other hous­ing-re­lated cases be­ing heard across the coun­try.

An in­ter­est­ing case is that of MK Gupta ver­sus Lucknow De­vel­op­ment Au­thor­ity, re­solved in 1993. In this case, SC de­liv­ered an ex­haus­tive or­der cov­er­ing ev­ery as­pect re­lated to hous­ing. And the ques­tions that were prob­a­bly

What emerges after con­sid­er­ing all judge­ments of the apex court is that ex­tra charges de­manded from al­lot­tee for a cor­ner plot is jus­ti­fi­able if that cor­ner plot has ex­tra land as com­pared to other plots. Also, all those who wish to have the best lo­ca­tion and also get it by means of the lucky draw should be will­ing to pay a higher price as de­cided by the al­lot­ment au­thor­ity.

What­ever the case may be, courts in­ter­pret the law as spelled out in their own rules; they do not change the ba­sic struc­ture of the leg­is­la­ture, but give log­i­cal and mean­ing­ful in­ter­pre­ta­tion to the clause should any au­thor­ity try to act ar­bi­trar­ily.

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