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february 2006

Supreme Court of India · 2006-02-28

MUNICIPAL CORPN. CHANDIGARH vs M/S SHANTIKUNJ INVESTMENT PVT.LTD.

Citation / case number
SC 2001/10351
Court
Supreme Court of India
Petitioner
MUNICIPAL CORPN. CHANDIGARH
Respondent
M/S SHANTIKUNJ INVESTMENT PVT.LTD.
Author
A.K.MATHUR B.N.AGRAWAL
Bench
A.K.MATHUR B.N.AGRAWAL

Judgment text excerpt

The Supreme Court addressed the common legal question regarding the obligation of allottees to pay premium and other charges in relation to the provision of basic amenities under the conditions of allotment. The Court held that the allottee is indeed bound to pay the premium and other charges, regardless of the provision of amenities, unless it is established that basic amenities such as electricity and drainage were not provided. The judgment clarifies that withholding payment on the grounds of non-provision of amenities is not permissible if the basic infrastructure is in place, thereby reinforcing the principle that all dues must be paid as per the allotment conditions.

MUNICIPAL CORPN. CHANDIGARH vs M/S SHANTIKUNJ INVESTMENT PVT.LTD. · Niyam