Court No. - 32
Case :- WRIT - C No. - 40549 of 2019 Petitioner :- Vijay Nayak And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Nitin Chandra Mishra Counsel for Respondent :- C.S.C.,Bhupeshwar Dayal
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This matter was earlier taken up on 9.12.2019 and this court had passed the following order:
" Heard learned counsel for the petitioners, Sri Bhupeshwar Dayal, learned counsel for the Meerut Development Authority, learned Standing Counsel and perused the record.
This writ petition, inter alia, has been filed for the following reliefs:
"I. Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondents/ authorities to ensure delivery to possession of plot after completing all the development work, given to the petitioners in pursuance to the advertisement made by the respondent no. 2 for Shatabdi Enclave, Meerut in the year 2009, within a stipulated period.
II. Issue an appropriate writ, order or direction in the nature of Mandamus directing the respondent no. 2 to pay the interest at the rate of 18% compound interest to petitioners to the amount deposited by them since 2013 till the date of delivery of possession of plots in question."
Learned counsel for the petitioners has stated that the petitioners may be given liberty to seek refund of entire amount paid by them, with interest, if possession is not given as per the letter of allotment, within a period of six months from today. He further submitted that in identical matters i.e. Writ C No. 32667 of 2018 (Krishna Mohan Prasad Singha and 8 others Vs. State of UP and 2 others), Writ C No. 6110 of 2018 (Tejpal Education Trust and another Vs. Meerut Development Authority and another) and Writ C No. 50792 of 2017 (Ravi Dutt Verma Vs. State of UP and 2 others), Sri Bhupeshwar Dayal, learned counsel for the Meerut Development Authority has raised no objection for returning the entire amount along with interest in case the possession of the property in question is not given to the petitioner but today when his consent/no objection was sought in the present matter also by this Court, he expressed his complete inability to give his consent/no objection for the same despite the fact that already in similar matters he has raised no objection to such prayer made by other petitioners of the said cases, as such, this Court had directed the Development Authority in the said matters to return the entire amount along with interest in case possession is not given to the petitioners. For ready reference, operative portion of the order dated 28.9.2018 passed in Writ C No. 32667 of 2018 by a Division Bench of this Court is quoted hereinbelow "Counsel for the petitioners submits that the petitioners may be given liberty to seek refund of entire amount paid by them, with interest, if possession is not given as per the letter of allotment, within a period of six months from today. Counsel for respondents submits that they have no objection for returning the entire moneys paid by the petitioners, with interest, if possession of the plots is not given, within a period of six months from today. Submissions made by learned counsel for the parties are recorded and accepted.
In view thereof, the petition is disposed of with direction to respondents to refund the entire amount paid by the petitioners, with interest at the rate of eight percent, if possession is not given, within a period of six months from today."
From the perusal of record it transpires that the point in issue involved in the present writ petition is identical and common in other writ petitions, details of which have been mentioned in earlier part of this order. Since Sri Bhupeshwar Dayal, learned counsel for the Meerut Development Authority has shown his inability to give his consent/no objection in the present matter for returning the entire amount of the petitioner along with interest, this Court has no other option but to direct the Vice Chairman of the Meerut Development Authority, Respondent to appear before this Court.
In view of the above, we direct the Vice Chairman, Meerut Development Authority to appear before this Court in person on 17.12.2019 at 10 A.M. positively and explain the entire position.
Put up as fresh on 17.12.2019."
In pursuance of the aforesaid order, today, Mr.
Rajesh Kumar Pandey, presently posted as Vice Chairman, Meerut Development Authority, Meerut, has appeared in person and a short counter affidavit has been filed on his behalf, which is taken on record.
Learned counsel for the petitioners submits that the petitioners were allotted residential plot in the year 2011 by the respondents and the entire amount of the sale consideration i.e. Rs. 15,86,626/-, Rs. 15,86,626/- and Rs. 19,58,798/-
have been paid by the petitioners no. 1,2 and 3 respectively upto 31.12.2013 and now nothing is due against them. Despite the entire amount of sale consideration having been paid by the petitioners to the Development Authority, it has failed to deliver the possession of the plots in question even after a lapse of more than eight years, the present writ petition has been filed seeking various reliefs.
Mr. M.C. Chaturvedi, learned Addl. Advocate General appearing on behalf of the Meerut Development Authority submitted that due to unusual circumstances beyond its control, the Development Authority has not been able to deliver possession of the plot in question to the petitioners within the stipulated period. However, after seeking instructions from the Vice Chairman, Meerut Development Authority, who is present in the court, has agreed to refund the entire amount paid by the petitioners along with interest at the rate of Rs. 8% per annum within one month from today. Learned counsel for the petitioners has agreed to accept the said amount along with interest at the rate of 8% per annum .
In view of the above, with the consent of the parties, we dispose of the writ petition with a direction to the respondent no. 2 to refund the entire amount paid by the petitioners along with interest at the rate of Rs. 8% per annum within one month from today. It is made clear that in case the amount so directed is not refunded within the stipulated period of time along with the interest, the respondents shall be liable to pay penal interest at the rate of Rs. 12% per annum till the actual date of payment.
Order Date :- 17.12.2019 MLK