VIJAY LAKSHMI TRANSPORT CO Vs. MCD

JUDGEMENT

(1.) THE present appeal was directed against the order passed by the learned Single judge directing the appellant to pay the charge at the new determined rate of rs. 4,500/- per sq. mtr. for the land instead of Rs. 425/- per sq. mtr.

(2.) COUNSEL appearing for the appellant has drawn our attention to the order dated 25th May, 2006 passed by this Court directing the MCD to hand over possession of the plot to the persons, who had deposited Rs. 1,18,000/- in terms of the demand of the MCD based on the rate of Rs. 270/- per sq. mtr. It was also made clear in the said order passed by way of an interim measure on 25th May, 2006 that the appellant or any other person, who is similarly situated and who would like to avail the benefit of the said order, must deposit the total amount as per the rate of Rs. 425/- per sq. mtr. plus Rs. 55/- per sq. mtr. plus Rs. 75/- per sq. mtr. It was also made clear that the said amount should be deposited with the mcd within four weeks and that possession of the plot, if delivered, would be subject to the outcome of the appeal.

(3.) IT is submitted by the counsel appearing for the appellant that although the appellant has paid the aforesaid amount in terms of the order dated 25th May, 2006, possession of the land was not handed over to the appellant for which a contempt petition was filed in this Court, which is pending for consideration.