Supreme Court · 2003 INSC 746 · Decided 19 December 2003
M/S. Teri Oat Estates (P) LTD. v. U.T. Chandigarh and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 746 · [2003] SUPP. 6 S.C.R. 1235
- Case number
- CIVIL APPEAL No. 49/1999
- Decided
- 19 December 2003
- Bench
- V.N. KHARE, S.B. SINHA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14, 142
Headnote
ESTATES (P) LTD. v. U.T. CHANDIGARH AND ORS. DECEMBER 19, 2003 (V.N. KHARE, CJ. AND S.B. SINHA, J.] Capital of Punjab (Development and Regulation) Act, 1952-Section 8~A7Chandigarh Lease Hold of Sites and Building Rules, 1973-Power of resumption of/and/building and forfeiture of money deposited situation in each case-No hard and fast rule can be laid down-It should not be violative of Article 14-In case of extreme hardship faced by the party, power of resumption is not resorted to and in such a situation doctrine of proportionality is applied-However, D if dishonest intention of the
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