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january 1987

Supreme Court of India · 1987-01-30

UNION OF INDIA & ANR. vs WING COMMANDER R.R. HINGORANI (RETD.)

Citation / case number
SC 1986/69769
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ANR.
Respondent
WING COMMANDER R.R. HINGORANI (RETD.)
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the respondent's unauthorized occupation of government accommodation after the cancellation of allotment was subject to market rent liability under SR 317-B-22. The Court ruled that the government's failure to serve a notice did not absolve the respondent of this liability, and the deduction from his commuted pension was not contrary to Section 11 of the Pensions Act, 1871. The Court affirmed the High Court's decision that the government was estopped from claiming damages for the period of unauthorized occupation due to its prior acceptance of normal rent payments.

UNION OF INDIA & ANR. vs WING COMMANDER R.R. HINGORANI (RETD.) · Niyam