ANJANA SARAIYA versus THE STATE OF U.P. & ORS.

Citation: [2022] 3 S.C.R. 174 · Decided: 12-05-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 3 S.C.R.
   [2022] 3 S.C.R. 174
174
ANJANA SARAIYA
v.
THE STATE OF U.P. & ORS.
(Civil Appeal No. 3784 of 2022)
MAY 12, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
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.
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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]
CIVIL APPELLATE JURISDICTION : Civil Appeal No.3784
of 2022.
From the Judgment and Order dated 03.04.2019 of the High Court
of Judicature at Allahabad in Writ-C No.56136 of 2006.
Kavin Gulati, Sr. Adv., Avi Tandon, Ms. Meghna Tandon, Ms.
Vanshika Gupta, Anish Agarwal, Advs. for the Appellant.
V. K. Shukla, Sr. Adv., Rajeev Kumar Dubey, Ashiwan Mishra,
Anurag Tiwari, Kamlendra Mishra, Dinesh Kumar Garg, Abhishek Garg,
Dhananjay Garg, N. Suresha, Advs. for the Respondents.
ANJANA SARAIYA v. THE STATE OF U.P. & ORS.
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SUPREME COURT REPORTS
[2022] 3 S.C.R.
The Judgment of the court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 03.04.2019 passed by the High Court of Judicature at
Allahabad in Writ - C No.56136 of 2006 by 

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