BISWAJIT GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned senior counsel appearing for the petitioner. Also heard Mr. B.D. Das, learned senior counsel for the respondent Nos. 4 and 5 as well as Mr. D. Nath, learned Addl. Senior Govt. Advocate appearing for the respondent Nos. 1, 2, 3, 6, 7, 8 and 9 and Mr. Talukdar, learned counsel appearing for the respondent No.10.

(2.) In the year, 1999, the respondent No.4 being the Assam State Cooperative Housing Federation Society Ltd., (in short Housefed) had invited an application for allotment of certain plots of land at Juripar in Guwahati under the Beltola Mouza. The procedure was that the Housefed initially purchased a compact plot of land measuring 12 bighas 1 katha 14 lechas Dag Nos. 388, 389 and 392 (New 609) and Patta No.90, 119 (new 579) at village Dwarandha under Beltola Mouza from its original owners. Thereafter, certain developments were undertaken over the plot of land and the purchased plot of land was divided into 30 plots by providing connecting and internal roads.

(3.) According to the terms, the petitioner deposited an amount of Rs. 1,00,000/- (Rupees One Lakh) as the registration-cum-booking amount. Thereafter, the petitioner was informed that the cost of land was fixed at Rs. 140 per. Sq.ft and accordingly, by the letter dated 30.08.2001, the petitioner was required to pay a value of the land. As per the letter dated 11.02002 of the respondent Housefed, the petitioner was required to pay a total cost of Rs. 4, 67,300/- (Rupees Four Lakh Sixty Seven Thousand Three Hundred) Only. Ultimately, as per the arrangement between the parties, the petitioner was required to pay a total amount of Rs. 4,50,930/- (Rupees Four Lakh Fifty Thousand Nine Hundred Thirty), being the full and final payment in consideration of the plot of land to be allotted to him. Thereafter, upon payment of the entire amount, the plot No.21 measuring 3328.07 sq.ft was handed over to the petitioner and accordingly, the petitioner took over possession on 18.04.2002. In this respect, the respondent Housefed had also issued certificate of possession on 02.05.2002. It is also stated that the required sale deed between the Housefed and the petitioner was executed on 06.02005 after taking necessary permission from the Guwahati Development Authority and Guwahati Municipal Corporation.