AISHA SALAM Vs. GREATER COCHIN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioners are respectively the wife and husband.

(2.) This writ petition is filed praying for a direction to the respondent to assign 0.259 cents of land in survey No.319/4B1 under the HIG Housing Scheme at Thrikkakkara. There is an alternate prayer to direct the respondent to return the present market value of 0.259 cents of land in survey No.319/4B1 along with applicable interest from October, 1993 to the 1st petitioner.

(3.) The dispute herein arose in the following circumstances:- The 2nd petitioner entered into an agreement with the respondent for the purchase of 172.140 sq.m. of land and a house having a plinth area of 132.40 sq.m. in survey No.391/4B1 under the HIG Housing Scheme at Thrikkakkara. The date of the agreement is 16/07/1991. Thereafter, by Ext.P1, the 2nd petitioner was informed that an extent of 0.259 cents of land in excess is lying adjacent to his plot and he was directed to remit an amount of Rs.2413.88 towards the cost of the excess area, and the 2nd petitioner thereafter remitted the amount. Ext.P2 is a further letter directing him to remit an excess amount of Rs.2,895/- towards the cost of the excess area of 0.0979 cents of land, which was also remitted by him. Thus the case of the petitioners is that apart from 172.140 sq.m. of land, the extent of the property covered by Exts.P1 & P2 are also liable to be transferred to them. Ext.P3 is the sale deed whereby 176.1 sq.m. of land equivalent to 4.351 cents of land has been assigned to the 1st petitioner as per the consent executed by the 2nd petitioner. The contention raised is that the balance extent of 0.259 cents has not been transferred so far in spite of Ext.P4 lawyer notice issued to the respondent.