ESTATE MANAGER, M.P. HOUSING BOARD versus RAJESH KUMAR GUPTA

The additional charges for corner plots and best location plots as specified in the advertisement and terms and conditions of allotment are valid and authorized. The National Commission's order is set aside and the State Commission's order upholding the extra charges is maintained.

Source-derived case information.

Parties: Appellant: Estate Manager, M.P. Housing Board; Respondent: Rajesh Kumar Gupta
Jurisdiction: India
Judgment Date: 16 April 2009
Procedural Posture: Civil Appeal / Final Disposition by Supreme Court
Outcome: Appeals allowed; orders of National Commission set aside, State Commission's orders maintained.
Legal Topics: Allotment of Plots, Housing Lottery, Additional Charges for Corner Plots, Additional Charges for Best Location Plots

Urban Development Consumer Protection Allotment of Plots Housing Lottery Additional Charges for Corner Plots Additional Charges for Best Location Plots

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Estate Manager, M.P. Housing Board

Appellant

Rajesh Kumar Gupta

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

1 Whether additional charges for corner plots and best location plots can be levied when allotment is by lottery

Ratio Decidendi

Court Disposition

Appeals allowed; orders of National Commission set aside, State Commission's orders maintained.

Orders

The impugned order of the National Commission so far as it relates to nullification of charges for corner plot and best location plots is set aside.
Direction for levy of interest cannot be maintained and the interest directed to be paid stands set aside.

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