P.K. Gupta, Maj. Gen. (Retd.) vs Union Of India (Uoi) And Ors. on 26 August, 1998
In our view the spirit of the judgment of the Hon'ble Supreme Court in the case of M.K. Gupta v. Union of India {(1994) 1 SCC 243} is that a more liberal interpretation of Rules etc. need to be given by Statutory Authority while dealing with a common man. We having nothing on record to show in what circumstances the complainant was allotted the site, which was later cancelled. Cancellation without sufficient ground is certainly a deficiency. There are four sub-sections which need to be gone into by the Authority while making allotment and not only 11 (2) (iii). Be that as it may, in our view District Forum's order as affirmed by the State Commission is just and proper and calls for no interference. Revision Petition is dismissed with costs of Rs. 3,000/-.