Allotment of plot by Housing Board to other allottees by cancellation of lease deed and is proper if allotment to earlier allottee found in violation of relevant regulation

In this case, the petitioner-allottee challenged the allotment of the plot belonging to him, to another allottee for construction of flats under the category of "Economically Weaker Sections". It was his further prayer that declaration to be made that the deed of the lease on perpetuity executed between the State Housing Board and the petitioner cannot be unilaterally cancelled by the said Board in absence of any such order passed in that regard by the competent court of civil jurisdiction.

Government has the discretion to impose any condition, limitation or restriction in its grants and the rights, privileges and obligations of the grantee would be regulated according to the terms of the grant itself even if the said terms may be inconsistent with the provisions of any statute or common law. It is always open to the Govt. to resume the land held on old grant terms and that the Union of India cannot be prevented from resuming the said land. All provisions, restrictions, conditions and limitations contained in any such grant or transfer as aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the legislature to the contrary notwithstanding.

Since the power of cancelling lease deed was conferred in lease deed itself on certain conditions and petitioner had signed the same, as well as Board, has found that there was a violation of provisions of Regulation, 2004 while allotting plot in question to petitioner hence it cancelled lease of said plot, therefore, allotment of plot to another allottee, was proper.

Appearing Counsel/s : Mr. Sumeet Gadodia,Dr. Ashok Kumar Singh