(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. This Letters Patent Appeal has been preferred against order of the learned Single Judge dated 4.5.2011 in Special Civil Application No.4518 of 2011 by which the petition filed by the petitioner has been dismissed.
2. It is an undisputed fact that the land in question was alloted to the husband of the appellant-petitioner on22.6.1990. For breach of the conditions of the agreement with respondent no.1, the possession of the plot was taken away by the Corporation on 27.2.1992. Unfortunately, the husband of the appellant-original allotted-expired on 9.7.2007. After the death of the husband, the appellant filed an application seeking as to what are the dues of the deceased husband of the appellant. As per the scheme advertised by the respondent in the year 2009, the appellant deposited a sum of Rs. 4,49,140/- for which a receipt was issued. However, the scheme framed by the respondent was not applicable to the appellant as the plot has been cancelled way back on 27.2.1992. So far as other persons to whom benefit was granted, they have utilised the plots within a period of five years from the date of allotment and their balance amount was required to be paid under the scheme. Since the appellant's plot was not utilised and as a matter of fact cancelled after two years on 27.2.1992, therefore, the scheme was not applicable to the plot of the appellant. However, under mistake, the appellant deposited the amount which was accepted by the respondent.
3. The plot cannot be re-allotted to the appellant and it is always open to the sell it on market price as per prevailing policy of the Corporation.
4. For the aforesaid reasons, we do not find any merit in this Appeal. However, since the amount of Rs. 4,49,140/- deposited by the appellant is concerned, if there are any dues of the deceased husband of the appellant between the period from 22.6.1990 to 27.6.1992, the same may be deposited with the respondent Corporation and the remaining amount shall be sent back to the appellant by an account payee cheque within a period of six weeks from today.
5. Subject to aforesaid observations, this Letters Patent Appeal is finally disposed of. As a consequence, Civil Application is also dismissed.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top