ABIDA KHATOON Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is the third time the petitioner approached this Court for the same relief: (i) declare that the respondents are not entitled to deprive the petitioner of the adjoining vacant land which is a part and parcel of conversion of the petitioner 's lease hold right of Holding No.58 CB SY.No.15/87 (Part) into free hold and (ii) direction to the respondents to include the adjoining vacant land measuring 11011 sq.ft or 1116.29 sq.m in conversion process initiated in respect of Holding No.58 CB SY. No.15/87 (Part) measuring 14640 sq.ft or 1360.15 sq.m. and (iii) declare that the respondents are bound by their own offer and the acceptance made by the petitioner in the conversion process initiated in respect of Holding No.58 CB SY.No.15/87 (Part).

(2.) HEARD Mr. MF Quershi, learned counsel for the petitioner and Mr. SC Shyam, learned senior counsel appearing for the respondents No.1 -4. Also heard Mr. SP Mahanta, learned counsel for the respondents No.5 & 6.

(3.) PURSUANT to the said letters, the petitioner had deposited a sum of Rs.2,26,386/ - (Rupees two lacs twenty six thousand three hundred eight six) only. The Cantonment Executive Officer (P.N.B. Sarma) also issued a receipt No.141949 dated 13.12.1996 for received of the said amount from the petitioner. The Cantonment Executive Officer (P.N.B. Sarma) under his letter dated 07.02.1997, informed the petitioner that for processing her case for conversion of the lease hold right of Holding No.58 CB SY. No.15/87 (Part) measuring 14640 Sq.ft. or 1360.15 Sq.m. and adjoining vacant land measuring 1116.29 Sq.m. to the higher authorities, the petitioner is required to deposit the balance amount of earnest money i.e. 25% of the conversion value of Rs.9,40,870/ - (Rs.2,35,217.00 - 2,26,386.00 = 8,832.00) amounting to Rs.8,832/ - i.e. (Rupees eight thousand eight hundred thirty two) only at an early date. In pursuance to the said letter dated 07.02.1997, the petitioner deposited the said amount of Rs.8,832/ - (Rupees eight thousand eight hundred thirty two) only. For easy reference, the said letter dated 07.02.1997 is also quoted hereunder: -