Cancellation of allotment
I have booked a flat in a housing project constructed by the Lucknow Development Authority. I have deposited booking amount and flat is allotted in my name. Thereafter LDA gave me 30 days to deposit 25% of the total value of the property which is also deposited in time. Due to some financial crisis I could not deposit remaining amount in time even after receiving a notice.
But I have deposited all the reaming amount with penalty but it is refused by the concerned officer of the LDA. This is illegal act because I have priority above any other person and my consideration must be accepted by the LDA.
Merely allotment does not give a right to claim ownership in the property. Allottee is bound to follow all the rules made by the authority in respect of completion of sale. It is not clear from your question that time period for payment of due amount was extended by the authority or you deposited it in obedience of any rule made by the authority.
Sometimes authority offers to deposit due amount with penalty but it also does not create any right to deposit any due amount without such offer.
In Ravi Gautam vs State of U.P. AIR 2015 it is held by the Allahabad high court that the condition of allotment with regard to deposit of balance amount must be strictly followed within time otherwise letter of allotment would be stood cancelled automatically and allottee cannot claim any right to continue with allotment right subject to the payment.
You cannot claim that some offer was made by the authority in respect of due payment with fine. In R. D. Shetty vs International Airport Authority AIR 1979; it is held by the Supreme court that if a public authority has laid down certain norms and conditions in respect of allotment it should be strictly followed by the applicant in the same manner. This is also reiterated by the Supreme Court in Post Master General vs Tutu Das AIR 2007.
Thus it is clear from the above discussion that you, as a allottee, has no right to compel the authority to accept payment of due amount in devoid of any offer or scheme of the authority.
Image courtesy : google.com
Ask A Question
You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
Succession Certificate: Section 372 [The Indian Succession Act, 1925] 372 Application for certificate. — (1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner...
Sub-section 4 of Section 125 crpc enumerates that if a wife without any reasonable cause refuses to live with her husband, she is not entitled to maintenance. The court before granting an order of maintenance must examine the fact of refusal to live with the husband.
The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.
Section 154 CrPC does not mandate that only victim can lodge the FIR. Any person can register the FIR if he knows that a cognisable offence has been committed. In Prakash Singh vs State of Punjab, the Supreme Court held that police officer could not make an inquiry about genuineness of FIR.
Get A Quick Advice
Book an appointment for 15 minutes and consult with an expert over the phone within minutes
Join Our Newsletter
Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts