LAWS(ALL)-2015-8-26

MUNNEY KHAN Vs. STATE OF U P

Decided On August 18, 2015
MUNNEY KHAN Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri A.S. Rana, learned counsel for the respondents no. 1 to 3-U.P. Awas Evam Vikas Parishad, Lucknow (hereinafter referred as to the 'Parishad') and have perused the record.

(2.) The petitioner, being the highest bidder, was allotted a piece of commercial land measuring 1250 sq. meter and the total bid price of the said land was calculated to Rs. 5,63,76,250/-. The said amount was required to be deposited in installments as narrated in paragraphs 6 and 7 of the petition. The petitioner was delivered possession of the said land on 11.5.2010. The petitioner also received letter of acceptance on 29.9.2012, which contained certain conditions regarding constructions to be raised by the petitioner. The total amount paid from 15.2.2008 to 10.9.2012 has been shown in the chart (filed as Annexure 5 to the petition), which indicates that a sum of Rs. 2,93,07,065/- was deposited by the petitioner till 10.9.2012.

(3.) It has been stated in various paragraphs that due to great financial distress in the market and the valuation of property has come down, the petitioner suffered huge financial losses and could not make regular payment. As such, the default in making payment is admitted by the petitioner. Consequently, a recovery certificate dated 31.3.2015 (Annexure 7 to the petition) was issued by the respondent-Parishad for recovery of total sum of Rs. 10,48,12,582/-, out of which a sum of Rs. 7,27,14,630/- was towards the installments due and Rs. 3,20,97,952/- was towards the penal interest. It may also be noticed that subsequently another letter/reminder dated 28.5.20015 in relation to the several defaulters including the petitioner was issued, which is annexure 6 to the accompanying Writ Petition (C) No. 45298 of 2015 (M/s Uttaranchal Buildcon Pvt. Ltd. & Another vs. State of U.P. and 4 others) wherein the present petitioner-Munney Khan is petitioner no. 2. In paragraph 28 of the petition, it has been submitted that the petitioner is ready and willing to make the payment due from him provided the interest is calculated at the rate of 18% and that he is further ready and willing to make payment in installments.