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1987 DIGILAW 81 (SC)

Saraswati Mohan v. District Judge, Dehradun

1987-01-20

S.NATARAJAN, SABYASACHI MUKHARJEE

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(1) THIS is an appeal against order of the High court upholding the order of the Prescribed Authority in U.P. regarding a premises at Dehradun. The premises in question has been allotted to respondent 3 Shri S. Hasan, who was Deputy Director of Administration, Oil and Natural Gas Commission posted at Dehradun at the relevant time and has since retired. The appellant is the owner of the suit premises. Having perused the facts and circumstances of the case we are of the opinion that justice of the situation would be met if the order or (sic of) allotment in favour of respondent 3 is set aside on the following conditions: (2) THAT the appellant herein will reside in the same premises on being released to her by the Prescribed Authority. She will not let it out or give any licence or lease or sell it to anybody else for a period of 5 years. In case the appellant intends to let it out within five years then the premises will be re-allotted to respondent 3. In case the appellant sells or proposes to sell within the period of five years, the same will be re-allotted to respondent 3 and the sale will be subject to the order of allotment in favour of the third respondent made by the Prescribed Authority and as upheld by the High court. With these directions this appeal is disposed of. The parties will bear their own costs.