Supreme Court of India · 2005-04-11
Achal Misra vs Rama Shanker Singh & Ors
- Court
- Supreme Court of India
- Petitioner
- Achal Misra
- Respondent
- Rama Shanker Singh & Ors
- Author
- P.K. Balasubramanyan
- Bench
- R.C. Lahoti, D.M. Dharmadhikari, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the orders of allotment made by the Additional District Magistrate under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 were erroneous due to non-compliance with procedural requirements under Rule 8(2) and Rule 9(3) of the Rules. The Court emphasized that the declaration of vacancy was invalid as the report indicated that the ground floor was not vacant, and thus, no allotment could be made. The Court upheld the decision of the Additional District Judge, setting aside the allotment orders in favor of the respondents.