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State of Punjab v. Dhanjit Singh Sandhu

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 5698-5699 of 2009)Decided 14 Mar 2014
Civil Appeal Nos. 5698-5699 of 2009
Justice B.S. Chauhan · Justice M.Y. Eqbal

Background

A residential plot allottee failed to complete construction within the stipulated period and paid extension fees to prevent resumption of his plot. After obtaining that benefit, he sought a refund of allegedly excessive fees by relying on relief granted in another case, and the High Court allowed his claim.

Decision Breakdown

The Court allowed the State's appeals and set aside the refund judgment. It distinguished the earlier case and emphasised that this allottee had accepted the allotment obligations and obtained extensions on payment instead of losing the plot. On these facts, he could not retain the benefit while repudiating the corresponding agreed liability. The Court acknowledged that this principle of consistent conduct cannot override a statute, so the decision does not authorise every charge merely because someone has paid it.

Lesson Learnt

Accepting an extension to retain an allotted plot can limit a later attempt to reject its agreed payment conditions; the specific terms and applicable statute still matter.

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

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