Summary: After an open lottery held on 01.10.2009, the father of the appellant was allotted a plot on 26.10.2009, for which an allotment letter of even date was issued in favour of the appellant’s father- NOIDA on 21.09.2011 cancelled the allotment on the ground that it was made in favour of a dead person on the day such draw of lots was held – HC dismissed writ petitions challenging this – Allowing appeal, SC observed: The fact remained that the father of the appellant had properly applied and was satisfying all the prerequisite conditions for allotment which was followed by actual draw of lots and issuance of allotment letter; undoubtedly though after his passing away. In our view, the demise of the appellant’s father would not negate the right which stood vested in the appellant. The appellant is the Legal Representative and heir of his father – Distinguished Greater Mohali Area Development Authority v Manju Jain, (2010) 9 SCC 157 in which (i) The respondent therein took a ‘vague’ plea that the allotment letter was never communicated to her; (ii) The amounts sought for were never deposited by her, and; (iii) The ratio laid down was that ‘if an order is passed but not communicated to the party concerned, it does not create any legal right which can be enforced through the court of law, as it does not become effective till it is communicated.
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