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Sunday, April 11, 2010

CONSTITUTION OF INDIA, 1950

CONSTITUTION OF INDIA, 1950
Art.226--Allotment of flat--Cancellation of--Default in payment of 50% amount--Decision of revisional authority to extend allotment to allottee observing that allottee was a riot victim and require sympathetic consideration--Not wholly irrelevant consideration--If there had been a delay in making payment that could be compensated by award of interest.; Greater Mohali Area Development Authority v. State of Punjab & Anr.,: 2010(1) Law Herald (P&H) 552
Art.226--Allotment of flat--Cancellation of--MIG flat--Challenge to decision of revisional authority revising decision of petitioner to cancel allotment--Held, that when allotment had not been made to some other person and property is still available and there was offer made by person and property is still available and there was offer made by allottee to take a lenient view there is no scope for High Court to intervene with such an approach made by authority who is competent to take final decision.; Greater Mohali Area Development Authority v. State of Punjab & Anr.,: 2010(1) Law Herald (P&H) 552
Art.226--Habeas Corpus--Detention--For release of detenu ‘A’ from illegal custody of respondents--State failed to explain about whereabouts of person who was allegedly in their custody--High Court directed Sessions Judge to conduct and submit report regarding escape or dis- appearance of ‘A’--Session Judge opined that story put by petitioners as well as respondent qua dis-appearance of ‘A’ son of petitioner doubtful--Not a fit case where criminal case should be ordered to be registered against respondent--However, since ‘A’ not been recovered till date it is a fit case where petitioner are liable to be compensated--Direction to state to pay compensation of Rs.5 lacs to petitioner.; Swinder Kaur & Ors. v. State of Punjab & Ors.,: 2010(1) Law Herald (P&H) 554