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Mohini Dang v. State of U.P. & Ors.

Civil Appeal · 2018 INSC 472Decided 10 May 2018
Civil Appeal No. 4988 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

In 1986, the Ghaziabad Development Authority had allotted the appellant a 175 sq. mtr. plot at a price of Rs. 2,000 per sq. mtr., which she paid for in full. Over the following years a dispute arose, and by 2013 the Authority attempted to return her money with interest instead of honouring the allotment, but the money was never actually paid to her. The matter reached the Supreme Court, which, instead of delving into the full history, explored whether an alternative plot of comparable or larger size was still available.

Decision Breakdown

The Court was informed that two plots had been kept aside from auction, and the appellant chose Plot No. AC-15 (207.11 sq. mtr.), currently priced at Rs. 61,500 per sq. mtr. To do "complete justice," the Court ordered that the appellant need only pay the present market rate for the area in excess of her originally allotted 175 sq. mtr., while other charges would be calculated on the full plot at current rates, with the 2013 refund offer adjusted against the amount due. The appellant was directed to submit original documents, the Authority to issue a fresh calculation within one month, and the appellant to pay within two months thereafter. The impugned judgment was modified accordingly and the appeal allowed in full, with no order as to costs.

Lesson Learnt

Where a public authority fails to honour a decades-old property allotment, courts can fashion a practical, equitable remedy, such as substituting a comparable asset with pro-rated pricing, rather than simply awarding a refund, to achieve genuine justice between the parties.

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

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