ANJANA SARAIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 3/4/2019 passed by the High Court of Judicature at Allahabad in Writ ­ C No.56136 of 2006 by which the High Court has dismissed the said writ petition preferred by the appellant herein, the original writ petitioner has preferred the present appeal.

(2.) The appellant herein, a lady of about 55 years, was allotted a residential property being Plot No.415 admeasuring 150 square meters in Organized Development Scheme, Phase­III, Pilkhuwa, District - Ghaziabad, Uttar Pradesh by the respondents under the category of Middle­Income Group. After being successful in the draw of lots, the appellant was allotted the said plot at a price of Rs.2,70,000.00­. That the appellant herein made an upfront payment of Rs.94,500.00­ in the year 2003 itself and thereafter paid the first three instalments regularly and in time. However, thereafter there was a default in making the payment of installment nos. 4 to 7. According to the appellant due to the continuous ill­health of her husband she was in a financial crisis due to which she was unable to deposit the remaining instalments. That the petitioner was served with a notice dtd. 14/6/2006 from the Office of Municipal Council which, according to the appellant was served on her on 19/6/2006 by which the appellant was informed that due to non­deposit of the instalments of the balance amount the allotment has been cancelled. However, according to the appellant, even before the said notice was served upon her, she managed to secure the money from her relatives and deposited the balance amount with interest i.e. Rs.1,39,000.00­ on 16/6/2006. Out of payment of Rs.1,39,000.00­ on 16/6/2006, an amount of Rs.1,04,128.00­ (for last four instalments) was towards principal amount and Rs.34,872.00­ was towards interest amount.

(3.) Shri Kavin Gulati, learned Senior Advocate appearing on behalf of the appellant has submitted that as such against the total sale consideration of Rs.2,70,000.00­, by now the appellant has deposited a total sum of Rs.3,84,546.00­ (including interest) which is lying with the respondent.