J. SUNDRAMMA versus STATE OF KARNATAKA & ANR.

J. SUNDRAMMA versus STATE OF KARNATAKA & ANR.

Although the authorities acted within the law in cancelling the allotment for non-payment, the Supreme Court, considering the appellant's circumstances and the continued availability of the site, exercised its powers under Article 142 to regularize and register the allotment in her name subject to full payment with...

Source-derived case information.

Parties
Appellant: J. Sundramma; Respondent: State of Karnataka; Respondent: Mysore Urban Development Authority
Jurisdiction
India
Judgment Date
21 March 2013
Procedural Posture
Civil Appeal / Final Disposal
Outcome
Appeal disposed of – allotment regularized conditionally
Legal Topics
Article 142 Humanitarian Relief, Allotment of Plots, Cancellation for Deficiency in Payment
Constitutional Law Property Law Article 142 Humanitarian Relief Allotment of Plots Cancellation for Deficiency in Payment

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Parties

J. Sundramma

Appellant

State of Karnataka

Respondent

Mysore Urban Development Authority

Respondent

Procedural Posture

Civil Appeal / Final Disposal

Legal Issues

  1. 1 Whether the cancellation of allotment of a plot due to deficiency in payment by an illiterate widow was legally justified.
  2. 2 Whether discretionary relief can be granted on humanitarian grounds under Article 142 of the Constitution.

Ratio Decidendi

Although the authorities acted within the law in cancelling the allotment for non-payment, the Supreme Court, considering the appellant's circumstances and the continued availability of the site, exercised its powers under Article 142 to regularize and register the allotment in her name subject to full payment with interest.

Court Disposition

Appeal disposed of – allotment regularized conditionally

Orders

  • The site originally allotted to the appellant's husband and later to her shall be regularized and registered in her name, provided she pays the balance amount (Rs.2343) along with 18% interest from the due date within three months.
  • Possession will be handed over to her on payment of the entire amount.