T S GOSWAMI Vs. R K NANDA

JUDGEMENT

(1.) We thought that with the two orders passed by this court one dated 7/4/1997 and the other 30/3/1998 there would be no more controversy between the prospective allottees (who are the petitioners in all these interlocutory applications) and the Land developer (who is also styled as "coloniser" or "owner" etc. ). When the prospective allottees were on the threshold of realising their dream of getting possession of the plots applied for by them, they are confronted with a new situation as they got a letter addressed by the Land Developer dated 15/4/1998 requiring each of them to pay a total amount of Rs. 2,550. 00 per square yard (for the plots included in phase 1 or Rs. 2,390. 00 per square yard (for the plots included in phase II). The said letter directed them to pay the amount after crediting the amount already remitted. On the receipt of the said letter the petitioners have approached this court once again with the grievance that the said demand is in violation of the orders passed by this court dated 7.4.97 and 30. 3.98.

(2.) It is true that this court has resolved the controversy between the parties relating the "the cost of land" by order dated 7.4.97. it is also true that this court resolved the dispute between the parties regarding the External Development charges and/or the Internal development charges as for the plots in Phase I and Phase II (vide order dated 30. 3.98.

(3.) The contention advanced by Shri. P. P. Rao, learned senior counsel on behalf of Land developer is the following :