HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 4808 OF 2007 DATED 13TH OCTOBER, 2014.
BETWEEN T.Nookaraju …Petitioner And Vice Chairman, Hyderabad Urban Development Authority, Secunderabad.
….Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 4808 OF 2007
ORDER:
The petitioner was allotted House No. 123 in Category LIG in the draw held on 14.2.1985. The cost of the allotted house was tentatively fixed at Rs.18,000/-. The petitioner deposited initial amount of Rs.3,350/-. He has to pay the balance amount in 52 quarterly installments at the rate of Rs.390.20Ps per quarter. The petitioner also paid Rs.200/- towards EMD on 14.4.1981 and Rs.580/- towards first installment on 6.8.1988. The differential cost of Rs.3,000/- and 2000/- were paid on 16.10.1997 and 18.10.1997 respectively. Before payment of differential cost, the petitioner also paid Rs.1,980/- to the respondent on 29.12.1988 towards stamp duty to execute the lease-cum-agreement of sale. Thereafter, when the respondent cancelled the allotment of houses, the association of the petitioner filed Writ Petition No. 8667 of 1986 and the same was disposed of directing the respondent to handover the allotted houses to the respective individuals by collecting differential amount. As already stated above, the said differential amounts were paid by the petitioner on 16.10.1997 and 18.10.1997 after a period of ten years. The respondent also informed the petitioner through letter dated 26.9.1988 to take possession of the allotted house. But the petitioner did not pay the balance of differential amount immediately. He paid the balance of differential amount in the year 1997. After lapse of another period of nine years, the petitioner submitted representation to the respondent on 18.8.2006 seeking to handover the physical possession of the allotted house. When no action has been taken on the said representation, the present Writ petition was filed.
The respondent filed a counter affidavit stating that draw of allotment of houses was conducted in the month of October, 1981 and the petitioner stood as one of the successful applicants out of 827 houses. It was proposed to collect tentative cost of house at Rs.18,000/-. The petitioner paid EMD and ID of Rs.200/- and Rs.3,.350/- respectively. The balance tentative cost has to be paid in 52 quarterly installments on hire purchase basis at the rate of Rs.390.20 per quarter with liberty to the petitioner to opt for out right purchase by making full payment of estimated cost subject to adjustment of final price to be fixed, besides an amount of Rs.3000/- towards part of difference cost before taking physical possession of the house. The final cost of the houses was communicated to the allottees on 21.8.1985 and the cost of each LIG house was fixed at Rs.26,000/- payable in 50 quarterly installments at the rate of Rs.580/- per quarter towards balance cost of Rs.19,450/- after adjusting the EMD, ID and first installment. When the allotments were cancelled by notice dated 26.5.1986, the petitioner approached this Court in Writ Petition No. 86678 of 1986 and pursuant to the order passed therein, the petitioner was informed to take physical possession of the house on payment of first HPI. The petitioner submitted lease-cum-sale agreement without payment of differential cost of Rs.3000/-. Later on the petitioner filed document of lease-cum-sale agreement on 19.5.1990 but not attended for execution of the document before the concerned Sub Registrar office despite he was reminded through letter dated 29.5.1990 to attend the officer for registration of the document. After gap of twenty years, amounts of Rs.3,000/- and Rs.2000/- were remitted in HUDA on 16.10.1997 and 18.10.1997 towards HP installments in respect of the house in question by some unknown person. One Mr. M.Devadas stating to be the GPA of the petitioner submitted a representation on 18.8.2006 seeking to handover physical possession of the house so as to pay the installments.
In the light of the above factual matrix, it is clear that as on today no order has been issued by the respondent relating to LIG H.No.123 allotted in favour of the petitioner. It is the case of the petitioner that he paid the requisite amount and also submitted the lease-cum-sale agreement way back on 31.12.1988. In the circumstances, the respondent is directed to review the case of the petitioner and take necessary action within a period of three months from the date of receipt of a copy of this order by taking into consideration the payments already made by the petitioner and representation submitted by him.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 13TH OCTOBER, 2014.
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