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Aayush Buildwell Pvt. Ltd. v. Haryana Urban Development Authority

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 2833-2834 of 2014)Decided 25 Feb 2014
Civil Appeal Nos. 2833-2834 of 2014
Justice S.S. Nijjar · Justice Pinaki Chandra Ghose

Background

A company unsuccessfully applied for an institutional plot in Gurgaon and received its earnest money back. After the allotment exercise was set aside, it sought a plot based on its asserted comparative eligibility. It also relied on relief granted to another applicant in related litigation.

Decision Breakdown

The Supreme Court held that cancellation of the earlier process did not itself create an allotment right for this unsuccessful applicant. The other applicant's order rested on the development authority's specific concession, which it had not made here. Direct allotment could also affect other applicants who were not before the Court. The appeals were disposed of by allowing the company to follow the authority's prescribed process and requiring consideration if it met the relevant criteria.

Lesson Learnt

Showing defects in a public allotment process does not automatically entitle an unsuccessful applicant to the property. Individual relief based on a concession in another case cannot substitute for satisfying the governing selection rules.

Official source (sci.gov.in)View Judgment (PDF)

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