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Sheela Goyal & Ors. v. Advisor to the Administrator, UT, Chandigarh & Ors.

Civil Appeal · 2017 INSC 711Decided 4 Aug 2017
Civil Appeal No. 10199 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant's booth/shop allotment in Chandigarh was cancelled by the authorities on the ground that she had violated allotment conditions: specifically, that she had sub-let the premises (run as "Diana Boutique") to another person rather than running it herself. The appellant's case was that the boutique was in fact her own concern, earlier run through an employee of her late husband (who died in 2010), and that she herself had been running a tailoring shop there since. The Supreme Court had earlier stayed her dispossession and sought further documents/affidavits while the matter was pending.

Decision Breakdown

After hearing both sides, the Supreme Court did not rule on the merits of the cancellation itself. Instead, it granted the appellant an opportunity to file a fresh representation within two weeks, undertaking that she herself would continue running the booth and would not sub-let it. It directed the Administrator to consider that representation after giving her a personal hearing, and ordered that the status quo on possession be maintained until the Administrator decides. With these directions, the Court finally disposed of the appeal before it, with no order as to costs.

Lesson Learnt

When an allotment is cancelled for an alleged violation (such as sub-letting), the person affected can seek judicial intervention to get a fair, fresh opportunity to explain their case directly to the deciding authority, and courts can protect the status quo (continued possession) while that administrative process plays out.

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

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