M.P.MAMTORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since all these appeals involve common issues, all the appeals have been clubbed and heard together and are disposed of by this common judgment and order.

(2.) The facts as narrated in Letters Patent Appeal No. 444 of 2014 are made the basis of this common judgment and order.

(3.) Feeling aggrieved and dissatisfied with the common judgment and order dtd. 26/7/2013 passed by the learned Single Judge in Special Civil Application Nos. 13209 of 2004 and 13656 of 2004, the Gujarat Housing Board and others have preferred Appeals being Letters Patent Appeal Nos. 443 & 444 of 2014. After the common judgment and order was delivered, the original petitioners preferred Review Application and claimed interest. The said Review Application filed by the original petitioners came to be rejected vide order dtd. 11/9/2013, which is impugned before us by the original petitioners being Letters Patent Appeal Nos. 508 and 509 of 2014. The learned Single Judge while allowing the writ petitions filed by the original petitioners was pleased to allow the petitions and came to the conclusion that the original petitioners fulfilled the criteria and terms and conditions with regard to the full payment before the cut off date of 1/4/2003 and wasfurtherpleasedtohold that original petitioners are entitled to 25% rebate as per the Resolution No.307 of 2003 dtd. 18/8/2003 and directed the Gujarat Housing Board to extend the benefit of rebate of 25% and to make actual payment of such benefit within a period of six weeks. Similarly, in two Letters Patent Appeals filed by the original petitioners i.e. Letters Patent Appeal Nos. 508 and 509 of 2014, the original petitioner's claim 12% interest from due date till the actual payment, which was declined by the learned Single Judge.