MOHD SUALEHEEN Vs. MCD

JUDGEMENT

(1.) FOR reasons stated in the application, the delay in filing of the appeal is condoned. LPA No. 297/2011 The prayers made in the present Letters Patent Appeal are in the nature of prayers which are normally made before the first court. During the course of arguments, it is contended that the appellant has challenged the order dated 24th December, 2010, passed by the learned Single Judge dismissing the writ petition but granting time to the appellant to deposit the balance sale consideration @ Rs.7000/- per sq. mtr. along with interest @ 10% per annum. It is submitted that the subsequent order dated 25th January, 2011 is also challenged.

(2.) THE contention of the appellant is that he has made payment of Rs.9,60,000/- for allotment of plots in Ghogha Dairy colony @ Rs.2,500/- per sq. mtr. Ultimately, 2 plots have been allotted in terms of the policy but the respondent Municipal Corporation of Delhi (MCD) has raised the price of each plot to Rs.7000/- per sq. mtr. It is submitted that Rs.9,60,000/- was deposited on 5th December, 2005, and this amount has remained with the respondent MCD for 5 years and no interest is being paid on the said amount.

(3.) THE question of interest on deposits made has been left open as is clear from the order dated 25th January, 2011. Liberty has been granted to the appellant to raise the said question by moving an application. THErefore, we do not see any reason to interfere and the appeal is accordingly dismissed with no order as to costs.