CHANDRA SHEKHAR LAL Vs. GHAZIABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) M. Katju, J. The petitioner is a retired District Judge who retired on 31-1-1995. While he was in service he applied for allotment of a house under the In-dirapuram Scheme at Ghaziabad and he paid all the instalments but the property was not allotted to him. Most of the amount which the petitioner deposited has been refunded to him but he has claimed interest on the deposits.

(2.) LEARNED Counsel for the respon dent has stated that in view of paragraph 10. 40 of the Scheme no interest is payable. However, learned Counsel for the petitioner has rightly contended that para graph 10. 40 will apply only if the petitioner surrenders the property under paragraph 10. 30 of the scheme. He has alleged that the petitioner never surrendered the property rather he wrote a letter to the respondent asking them to give him pos session of the house or else refund the money. In our opinion, this does not amount to surrender as the petitioner had not given up his claim. Hence in our opinion the provision in paragraph 10. 40 of the scheme that no interest will be pay able has no application.