LAWS(ALL)-1999-2-110

RAJIV CHAUDHARY Vs. GHAZIABAD DEVELOPMENT AUTHORITY GHAZIABAD

Decided On February 23, 1999
RAJIV CHAUDHARY Appellant
V/S
GHAZIABAD DEVELOPMENT AUTHORITY GHAZIABAD Respondents

JUDGEMENT

(1.) THE prayer of the petitioner is to command the Ghaziabad Development Authority to hand over pos session of a residential plot under category A' in Vaishali Housing Scheme 1985 im mediately to him.

(2.) THE petitioner asserts that even though he had paid necessary amounts to the Respondent-Ghaziabad Development Authority it is acting arbitrarily in not handing over possession of the premises after completing the formalities.

(3.) TODAY the petitioner has filed a supplementary rejoinder affidavit stating, inter alia, that the pay order has not been encashed or cancelled by the petitioner till date and the said amount is still with the petitioner ; that due to mistake it was mentioned that second instalment of an amount of Rs. 33,410 was deposited on 23-10-1986, whereas the said amount was registration amount ; that the petitioner was never informed that the last date of the receipt of application of Vaishali Housing Scheme was 15-7- 1986 and this plea has been taken for the first time ; that it is totally incorrect to say that letter of registration was issued under collusion ; that Mr. Thapiyal was duly authorised to issue letter; and that all allotment letters bore the rubber stamp, signature of the Vice-Chairman and of Mr. Thapiyal and similar allotment letters were issued to Smt. Rekha and Sri Mahesh Kumar, who have been allotted residential plot and given possession thereafter.