Mohini Dang vs State Of U.P .

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4988 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 24593/2015]

MOHINI DANG APPELLANT(S)

VERSUS

STATE OF U.P. & ORS. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The appellant was allotted Plot No.54, Ambedkar

Road by the Ghaziabad Development Authority as per

offer letter dated 14.10.1986. The price of land at

that time was Rs.2,000/- per sq. mtr. The area of

the plot was 175 sq. mtr. Though there is a

chequered history as to what happened after 1986, in

the nature of the order we propose to pass, it is not

necessary to go into the same in detail. However, it

is to be noted that on 24.09.2013, the Authority had

made an attempt to return the money with interest.

But it is seen from the subsequent correspondence

that the appellant has not actually received the

money.

3. Be that as it may, when the matter was being

Signature Not Verified heard by this Court, it was enquired as to whether Digitally signed by NARENDRA PRASAD Date: 2018.05.14 17:50:15 IST Reason: any vacant plot of size of 175 sq. mtr. or larger

size is available. On instruction, it was reported

1 that two plots have been spared from the auction and

the appellant is free to choose one plot. We find

that the appellant has exercised his option for Plot

No.AC-15, Ambedkar Road with an area of 207.11 sq.

mtr. The present rate is Rs.61,500/- per sq. mtr.

Since the appellant had already been allotted plot of

175 sq. mtr. in 1986 and for which he had paid an

amount of Rs.3,19,375/-, we are of the view that it

is only just, fair, equitable and complete justice

between the parties that as far as the actual land

value is concerned, the appellant is required to pay

the present rate only for the land in excess of 175

sq. mtr. As far as other charges are concerned, the

same will be calculated at the present market rate of

the entire plot i.e. treating the land value as

Rs.1,27,37,265/-. The amount offered to the

appellant in 2013 will be duly adjusted.

4. The appellant is directed to furnish the original

documents to the Authority. The Authority is

directed to furnish a fresh calculation to the

appellant within a period of one month from today, in

the light of our order and the appellant shall remit

the amount, in terms of the communication by the

Authority within two months thereafter.

5. The impugned judgment will stand modified to the

above extent and the appeal is, accordingly, allowed

as above.

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6. Pending applications, if any, stand disposed of.

7. There shall be no orders as to costs.

.......................J. [KURIAN JOSEPH]

.......................J. [MOHAN M. SHANTANAGOUDAR]

NEW DELHI;

MAY 10, 2018.

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