Chief Justice's Court
Case :- WRIT - C No. - 20396 of 2018 Petitioner :- Aas Mohd.
Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Kumar Gupta Counsel for Respondent :- C.S.C.,Bhupeshwar Dayal
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Rakesh Kumar Gupta, learned counsel for the petitioner and Mr. Bhupeshwar Dayal, learned counsel for respondent Nos. 4 and 5.
The petitioner, who was allotted EWS Flat No. 129, Lohiya Nagar, Vikash Pradhikaran, Meerut, has challenged demand/recovery notice including penal interest issued by the fourth respondent dated 23.05.2018. Counsel for the petitioner, at the outset, invited our attention to the order of the Supreme Court dated 11.1.2018 passed in Petition(s) for Special Leave to Appeal (C) No(s). 28403 of 2017 and submitted that in the case of similarly placed persons, the Supreme Court passed the following order and granted relief in terms thereof. The order reads thus:
"1. Considering the facts and circumstances of the case and also the fact that allotment of houses was made to the persons belonging to the Below Poverty Line (BPL). They are not in a position to pay penal interest. Though they are in occupation of houses allotted to them and they have paid part of principle amount also. It is beyond the capacity Digitally signed by SARITA PUROHIT Date: 2018.01.18 15:45:53 IST Reason:
Signature Not Verified 2 to pay outstanding amounts. It is considered appropriate to waive the liability of heavy penal interest, as it would be impossible for the petitioners to make the payment. The incumbents are residing in the houses for the last more than two decades.
2. The learned counsel for respondents with full fairness stated that reasonable amount of interest may be fixed and ordered to be paid.
3. As only part of principle amount has been paid, in our opinion, it would be appropriate to direct for payment of outstanding principle and towards interest amount equal to outstanding principle amount would suffice, thus payment of double of the outstanding amount of principle amount would be sufficient in the facts of the case.
4. Let the payment be made in the aforesaid manner within four months i.e. by end of the month of May, 2018. The special leave petition is, accordingly, disposed of. This order is not to be treated as a precedent in any other case, as it is passed in peculiar facts and circumstances of the present case, in exercise of our jurisdiction under Article 142 of the Constitution of India.
5. Pending applications also stand disposed of."
In view of this order, counsel appearing for the fourth respondent submits that the fourth respondent shall not charge penal interest on the outstanding amount provided the petitioner agrees to deposit the entire amount with interest within time frame. Counsel appearing for the petitioner submits that the petitioner shall deposit the entire amount that is due as of today, with interest on or before 30.11.2018, failing which, he shall not have any objection for cancelling the allotment and surrendering possession to the concerned authority. His submission is recorded and accepted. In view thereof, we dispose of this writ petition by the following order:
The petitioner shall deposit the entire outstanding amount as of today, with interest, in six equal installments, starting from 1.6.2018, on or before twentieth of every month. The respondent-Authority shall inform to the petitioner the amount that he would be liable to pay with interest as per this order, within a period of one week from today. Once the entire amount is paid, the respondent-Authority may comply with all formalities for transferring the tenement in the name of the petitioner.
Order Date :- 31.5.2018 VMA (Dilip B Bhosale, CJ) (Suneet Kumar, J)