BALJIT SINGH versus IMPROVEMENT TRUST LUDHIANA & ANR.

BALJIT SINGH versus IMPROVEMENT TRUST LUDHIANA & ANR.

The appellant did not acquire any independent right in the plot; he only acquired whatever rights the transferor/original allottee had, and since the original allottee was not eligible under the Scheme for rehabilitation of locally displaced persons, the defect in title passed to the appellant. However, considering the transfer was approved before cancellation and willingness to pay, the Trust should reconsider the appellant's case for fresh allotment if the plot is not already reallotted.

Parties
Appellant: Baljit Singh; Respondents: Improvement Trust Ludhiana & Anr.
Jurisdiction
India
Judgment Date
06 January 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal disposed of. Modification of High Court and Trust Chairman's orders. Case remanded for reconsideration.
Legal Topics
Allotment of Plots, Transfer of Allotments, Locally Displaced Persons Scheme, Eligibility for Rehabilitation Schemes
Urban Development Allotment of Plots Transfer of Allotments Locally Displaced Persons Scheme Eligibility for Rehabilitation Schemes

Case Brief

Summary, issues, holding and outcome

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Parties

Baljit Singh

Appellant

Improvement Trust Ludhiana & Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a transferee of a plot allotted under the locally displaced persons scheme is entitled to retain the allotment when the transferor was not eligible under the scheme
  2. 2 Effect of Trust's approval to a transfer prior to cancellation of original allotment

Ratio Decidendi

The appellant did not acquire any independent right in the plot; he only acquired whatever rights the transferor/original allottee had, and since the original allottee was not eligible under the Scheme for rehabilitation of locally displaced persons, the defect in title passed to the appellant. However, considering the transfer was approved before cancellation and willingness to pay, the Trust should reconsider the appellant's case for fresh allotment if the plot is not already reallotted.

Court Disposition

Appeal disposed of. Modification of High Court and Trust Chairman's orders. Case remanded for reconsideration.

Orders

  • Chairman of the Improvement Trust directed to reconsider the appellant's case for fresh allotment of the plot, considering his willingness to pay additional amount, after giving reasonable opportunity of being heard, if the plot has not been reallotted.
  • Reconsideration must be completed within two months from the date of communication of the order.