BOMBAY HIMACHAL ROAD COURIER Vs. MCD

JUDGEMENT

(1.) This writ petition challenges a letter dated April 1, 1992 issued by the respondent declining the request of the petitioner to extend the time for making the payment of Rs.17,050 towards the balance cost of the Plot No. BG -497 at Sanjay Gandhi Transport Nagar and consequently cancelling the allotment of the said plot made in its favour. The petitioner was asked to apply for the refund of the amount lying with the respondent.

(2.) The petitioner was engaged in the business of transportation of goods since 1974. Applications were invited in 1976 for allotment of commercial plots in Wazirabad. The petitioner applied for a plot measuring 125 sq.m. and deposited the earnest money. Later the petitioner requested that this allotment be transferred to another site proposed to be developed at the Sanjay Gandhi Transport Nagar on the GT Karnal Road. The cost of the plot was fixed at Rs. 225/- per sq. m. By a letter dated 2.2.1984, the applicants including the petitioner were informed that a sum of Rs. 29,700 was required to be paid for a plot of 110 sq.m. According to the petitioner it deposited Rs. 11,000 on 17.2.1974, another instalment of Rs. 11,000/- on 29.3.1985 and a third instalment of Rs.7,7000 on 30.12.1985. Therefore by 30.12.1985 the petitioner had deposited a sum of Rs. 29,700. Thereafter there was a revision in the price of the plots and a dispute arose between the transporters who had applied for the plots and the respondent. It is admitted that the revised costing required the petitioner to pay the differential amount by 31.3.1989. Initially the demand was Rs. 25,300 but was later scaled down to Rs. 17, 050.

(3.) However, the petitioner claims that one Puran Chand obtained a restraint order from the Delhi High Court against this enhanced demand and on this basis the petitioner decided not to make the payment. His request thereafter to be permitted to make the payment was declined by the impugned order dated 1.4.1992 leading to the filing of the present petition.