K P KHOSLA, S/O LATE GURUBAX RAI KHOSLA Vs. RAIPUR DEVELOPMENT AUTHORITY, THROUGH CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioner is a Scientist retired from Vikram Sarabhai Space Centre at Thumba, Kerala in November, 2004. The petitioner's application for allotment of plot under the Katora Talab Scheme of Raipur was considered by the Raipur Development Authority and on 27.04.1983 the transfer of Plot No. C-189/5 was allowed subject to payment of Rs. 15,740/- and he was directed to make payment of the said amount by 25.05.1983 but anyhow the said amount was deposited by the petitioner on 10.06.1983 and the receipt was also issued in favour of the petitioner but no plot was registered in his favour and ultimately on 16.06.2006, the notice was issued to him for depositing Rs. 11,42,400/- upto 30.06.2006 against which this writ petition has been filed by the petitioner for quashing of the demand notice and for registration of Plot No. C-189/5 in his favour.

(2.) Mr. Neelabh Dubey, learned counsel appearing for the petitioner would submit that the petitioner has deposited the amount of Rs. 15,740/- with delay of 15 days but till this date, despite repeated approach to the respondent authority, lease deed has not been registered in his favour and further demand of Rs. 11,42,400/- has been made which is contrary to law and, therefore, the order Annexure P/6 be quashed and the respondent be directed to register the lease deed in his favour.

(3.) Mr. Ashish Shrivastava, learned counsel appearing for the respondent would submit that the petitioner after depositing the said amount on 10.06.1983 neither approached the authority nor took any steps to get registration of the lease deed in his favour as he did not submit any stamp paper for registration as directed on 27.04.1983 and, therefore, the authority has now decided to allot the same but subject to depositing the amount at the market rate of Rs. 480 per square feet along with other fee which has been challenged and as such the petitioner is not entitled for registration of lease deed without depositing the amount of Rs. 11,42,400/- in the account of the respondent authority and the writ petition deserves to be dismissed.