KISHORBHAI GORDHANBHAI VAVIYA Vs. NARSINHBHAI HANSRAJBHAI PATEL

JUDGEMENT

(1.) THE applicants have prayed for a direction to pay interest on the Earnest Money Deposit already refunded to the applicants.

(2.) THE present applicants had submitted their offer in response to public advertisement issued by the Collector for inviting the offers for purchasing a parcel of land admeasuring 8961 sq. mtrs. in Surat. A sum of Rs. 11,20,500/- was deposited by the applicants on 22. 11. 2005 as EMD while submitting their offer in response to the said public advertisement. That land was in occupation of Narsinhbhai Hansrajbhai Patel and seven others who had also put up construction on a part of that land after purchasing the said land from the original holder in 1986 during pendency of the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976. The original holder had filed a declaration under Section 6 (1) of the Act on 12. 8. 1976. The said transaction of sale was held to be contrary to the provisions of the Act and Special Civil Application No. 3392 of 2001 was accordingly dismissed by this Court. Narsinhbhai Hansrajbhai and seven others thereafter filed a review application and during pendency of that review application, the aforesaid advertisement was published. In response to the said advertisement, the present applicants had submitted the offer along with the Earnest Money Deposit of Rs. 11,20,500/ -. Ultimately the above review application came to be dismissed by judgment and order dated 28. 11. 2007.

(3.) WHILE dismissing the said review application, this Court gave the following direction to the authorities to refund the amount of Earnest Money Deposit to the present applicant :-