VIJAY ENTERPRISES Vs. U O I

JUDGEMENT

(1.) The issue which arises in this writ petition is the date of determining the conversion rate of old grant' to 'freehold'. The order dated 26th May, 1982 passed by this Court reads as follow:

(2.) In view of the above undertaking, pending disposal of the writ petition, the respondents, their servants and agents are restrained by an order of injunction from in any manner acting in furtherance of or implementing the conditions with regard to the conversion of the lands in dispute into freehold and/or from in any manner preventing the petitioners from putting up the construction on the said property in accordance with the plans as sanctioned or as may be sanctioned or such plans with any amendments or variations as the petitioners may be entitled to make on the basis of the undertaking heretofore he recorded.

(3.) If any clarification, variation or modification of the above order is required or considered necessary to any of the parties before us, they have liberty to move the Court. Dasti. Application stands disposed of." 2. It is not in dispute that the amount of Rs. 12,87,000.00 pursuant to the above order has already been paid by the petitioner and the construction has been carried out. On 27th August, 1982, the sanction of the Ministry of Defence was received for the conversion of the land to freehold, three months after the above order of this Court. The said conversion order determined the transfer value at Rs. 39,04,010.00 and a demand was made for the balance conversion charges of Rs. 26,16,974.00. Pursuant to the above developments, the controversy in the present petition was narrowed down to the conversion rate. 3. The issue was crystallized in the order dated 15/7/2002 passed by this Court which reads as under: