New Delhi: The Supreme Court has held that the government cannot cancel allotment of a housing plot to a person merely on the ground that he or she was already a beneficiary of land allotted.
"Right to acquire a property, although is not a fundamental right, but is a constitutional and human right. Before a person can be deprived of his right to acquire property, the law and/or a contract must expressly and explicitly state so," PTI quoted a bench of Justices S B Sinha and Markandeya as saying.
Dismissing an appeal filed by the Chandigarh Housing Board, the apex court said if the acquisition of property through a particular agency was not specifically barred, then there could be no restriction on such acquisition.
The bench passed the ruling while dealing with an appeal filed by the Board that sought to justify its move to cancel the allotment of a housing plot to Major General (retired) Devinder Singh in Chandigarh.
The Board had sought the cancellation of the allotment on the ground that he was already a recipient of land allotted to him in the Capital by the Delhi Government through the Army Welfare Housing Organisation (AWHO).
According to the Board, the allotment of land made by it to Singh should be cancelled as the terms clearly stated that the allottee should not be a beneficiary of any prior land allotment made anywhere in India by any government, semi- government body, municipal committee or improvement trust.
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