STEVE KANIKA versus NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) & ANR.

STEVE KANIKA versus NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) & ANR.

Where the deceased original applicant had validly applied and satisfied prerequisites and the legal representative informed the authority, submitted documents and payment which the authority accepted and retained, the authority’s delayed cancellation of allotment (after knowledge of death) could not be sustained; accordingly the legal representative is entitled to a fresh allotment on the same terms and conditions with time-limit running from the date of the order.

Parties
Appellant: Steve Kanika; Respondent No.1: New Okhla Industrial Development Authority (Noida); Respondent: Respondent No.2
Jurisdiction
India
Judgment Date
27 August 2024
Procedural Posture
Civil Appeal / Judgment on Appeal by Supreme Court
Outcome
Appeal allowed; Impugned Order set aside.
Legal Topics
Allotment of Plot, Death of Original Allottee, Draw of Lots, Cancellation of Allotment, Legal Representative, Intimation of Death, Acceptance of Demand Draft, Fresh Allotment Letter
Property Law Administrative Law Succession Law Allotment of Plot Death of Original Allottee Draw of Lots Cancellation of Allotment Legal Representative +3 more

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Parties

Steve Kanika

Appellant

New Okhla Industrial Development Authority (Noida)

Respondent No.1

Respondent No.2

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal by Supreme Court

Legal Issues

  1. 1 Whether an allotment made in a draw of lots in favour of a person who had died before the draw can be sustained
  2. 2 Whether rights to be considered in a draw of lots/pass to legal representatives on death of the applicant
  3. 3 Whether NOIDA’s acceptance and retention of payment and delay in cancellation estop or disentitle it from cancelling the allotment

Ratio Decidendi

Where the deceased original applicant had validly applied and satisfied prerequisites and the legal representative informed the authority, submitted documents and payment which the authority accepted and retained, the authority’s delayed cancellation of allotment (after knowledge of death) could not be sustained; accordingly the legal representative is entitled to a fresh allotment on the same terms and conditions with time-limit running from the date of the order.

Court Disposition

Appeal allowed; Impugned Order set aside.

Orders

  • Impugned Order dated 21.10.2019 set aside
  • NOIDA directed to issue fresh allotment letter within four weeks in the name of the appellant on the same terms and conditions as the original allotment dated 26.10.2009 with the time-limit running from today