GULSHAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Pursuant to this Court's order dated 3.5.2013. Sri R.K. Singh, Secretary, Ghaziabad Development Authority, Ghaziabad (hereinafter referred to as "GDA") and Sri Gyanendra Verma, Joint Secretary, GDA are present and have filed their affidavits.

(2.) This application has been treated to be a modification application as well as an application under Article 215, read with Article 226 of the Constitution of India.

(3.) Sri S.P. Gupta, learned Advocate General, Assisted by Sri Shivam Yadav, Advocate, has put in appearance on behalf of above authorities. It is stated at the outset that the demand of Rs. 54,50,265/- vide order dated 18.8.2012 was obviously not justified and consistent with the order of this Court dated 15.6.2012, which was passed with the consent of the learned counsels for parties. A separate document has been placed before this Court stating that the balance due as on 30.6.2013, which includes the outstanding dues as well as penal interest calculated at the rate of 21 per cent per annum, payable by petitioner would be Rs. 14,86,526/- after deducting Rs. 6 lacs which he deposited on 13.7.2012, pursuant to this Court's order dated 15.6.2012. However, learned Advocate General explained that authorities were swayed for calculating dues against the petitioner to the tune of Rs. 54,50,265/- in view of the Government Order dated 20.11.1999 issued by Sri Atul Kumar Gupta, Secretary, U.P. Government, addressed to all Development Authorities as well as U.P Awas Evam Vikas Parishad. In para 14 thereof it is provided that in the case of restoration of allotment after its cancellation due to fault of allottee, he shall have to pay 75 per cent of the market value or the present value under the scheme, whichever is higher and applying the aforesaid directions, order dated 18.8.2012 was issued demanding Rs. 54,50,265/-.