LexSTEVE KANIKA versus NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) & ANR.
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[2024] 8 S.C.R. 805 : 2024 INSC 653 Steve Kanika v. New Okhla Industrial Development Authority (Noida) & Anr. (Civil Appeal No. 9815 of 2024) 27 August, 2024 [Ahsanuddin Amanullah* and Ujjal Bhuyan,* JJ.] Issue for Consideration The appellant’s father had applied for allotment of a plot under the Respondent No.1/New Okhla Industrial and Development Authority (NOIDA) in the year 2006. The father of the appellant had passed away on 08.11.2007. After an open lottery held on 01.10.2009, the father of the appellant was allotted a plot on 26.10.2009. However, NOIDA on 21.09.2011 cancelled the allotment on the ground that it was made in favour of a dead person on the day such draw of lots was held. Headnotes† Allotment – Allotment of plot/land – Appellant submitted that the application was made to NOIDA by the late father of the appellant in his individual capacity and there cannot be any denial of the fact that whatever civil right a person has passes on to the next generation/Legal Representatives upon his death: Held: The fact remained that the father of the appellant had properly applied and was satisfying all the prerequisite conditions for allotment which was followed by actual draw of lots and issuance of allotment letter; undoubtedly though after his passing away – The demise of the appellant’s father would not negate the right which stood vested in the appellant – The appellant is the Legal Representative and heir of his father – In the instant case, vide letter dated 10.11.2009, the appellant had intimated NOIDA about the demise of his father on 08.11.2007 – With the letter dated 23.11.2009, the appellant, alongwith documents, had also submitted a Demand Draft for Rs.7,46,825/-, which continues to be with NOIDA till date, as averred by the appellant – What prompted NOIDA to accept the Demand Draft in the first instance, and then retain the same even after cancelling the allotment has not been explained – Further, there * Author 806 [2024] 8 S.C.R. Digital Supreme Court Reports is no explanation as to why it took NOIDA two years to cancel the allotment, once, admittedly, it was in the know of the death of the appellant’s father – Had the cancellation followed in close proximity to 10.11.2009 or had NOIDA refused to accept the Demand Draft or returned it soon thereafter, the fate of this case could have taken a different turn – On an overall circumspection, the appellant has made out a case for the Court’s intervention – NOIDA directed to issue fresh allotment letter in the name of appellant. [Paras 8, 10, 11] Case Law Cited Greater Mohali Area Development Authority v. Manju Jain [2010] 10 SCR 134 : (2010) 9 SCC 157 – distinguished. List of Keywords Allotment; Allotment of plot; Death of original allottee; Draw of lots; Cancellation of allotment; Civil rights; Legal Representative; Intimation of death; Acceptance of demand draft; Fresh allotment letter. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9815 of 2024 From the Judgment and Order dated 21.10.2019 of the High Court of Judicature at Allahabad in WC No. 71420 of 2011 Appearances for Parties P.S. Patwalia, Sr. Adv., Ms. Ayshwarya Chandar, Advs. for the Appellant. Anil Kaushik, Sr. Adv., Ms. Arunima Dwivedi, Shashank Shekhar Singh, Advs. for the Respondents. Judgment / Order of the Supreme Court Judgment Ahsanuddin Amanullah & Ujjal Bhuyan, JJ. Heard Mr. P.S. Patwalia, learned senior counsel for the appellant and Mr. Anil Kaushik, learned senior counsel and Mr. Shashank Shekhar Singh, learned counsel for the Respondents No.1 and 2 respectively. Leave granted. 2. The issue involved in this case is simple. [2024] 8 S.C.R. 807 Steve Kanika v. New Okhla Industrial Development Authority (Noida) & Anr. FACTUAL OVERVIEW: 3. The appellant’s father had applied for allotment of a plot under the Respondent No.1/New Okhla Industrial and Development Authority (hereinafter referred to as ‘NOIDA’) in the year 2006. Be it noted, the appellant had been authorised to apply as such in his own behalf for a company, pursuant to consent and no-objection by the other Directors of the company. After an open lottery held on 01.10.2009, the father of the appellant was allotted a plot on 26.10.2009, for which an allotment letter of even date was issued in favour of the appellant’s father. The allotment was of Plot No.144, Block-C, Sector-100, Noida, admeasuring 176.40 sqr. metres. 4. However, in the interregn
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