SADHANA Vs. JDA

JUDGEMENT

(1.) A widow of auction purchaser has approached this Court with legitimate grievance claiming refund of full bid amount having been deposited way back on 23/02/2006 alongwith interest 18% p.a., when the Jaipur Development Authority (JDA), a statutory created authority is unable to deliver vacant possession of Farm house plot No.74 at Ballupura village, Jaisinghpura Khor (Jaipur).

(2.) Respondent-JDA issued a public notice (Ann.1) under a caption Your dream Project Farm House at Ballupura village, Jaisinghpura Khor notifying auction on 23/01/2006. In reference to which, Anil Kumar Sharma husband of petitioner since intended to purchase Farm House in aforesaid scheme, had participated in auction proceedings and being a highest bidder having offered @ Rs.2,650/- per sq. mtr., for Farm House Plot NO.74 measuring 3000 sq. mtrs, his offer was accepted and confirmed by respondent JDA vide letter cum demand notice dt.03/02/2006 (Ann.2) from which it is evident that petitioners husband deposited Rs.Four lacs vide challan NO.358/dt.23/01/2006 and Rs.Eight lacs vide challan No.28583/ dt.24/01/2006; and on confirmation of auction, her husband was asked to deposit balance amount of Rs.67,78,300/- within 30 days in compliance whereof, a sum of Rs.67,78,300/- was deposited well within time on or before 23/02/2006 details whereof are mentioned in para 4 of the petition. After acceptance of full & final payment of auction price of Farm house, her husband was asked to take over physical possession of auctioned plot No.74 in question vide letter dt. 07/03/2006 (Ann.4) and further asked to deposit yearly urban lease money/jamabandi @ Rs.18.80p. per sq.mtr., and accordingly he deposited a sum of Rs.28,200/- vide challan dt.25/08/2006 (Ann.5). But when possession of plot in question was not handed over, her husband tried his best efforts and on having fallen sick, correspondence was made through his authorized representative Shri Vishal Bajaj special power of attorney holder; but due to massive heart attack, he died on 19/10/2006; thereafter, petitioner made efforts and contacted office of JDA for release of money deposited by her husband alongwith interest and when all her efforts failed, she approached this Court by way of instant petition.

(3.) Foremost submission made by Counsel for petitioner is that on having failed to hand over vacant possession of the plot having been purchased by petitioners husband in public auction, despite full amount being deposited way back on 23/02/2006, respondent-JDA was under legal obligation to repay amount of purchase price of plot in question lying with JDA, alongwith interest @ 18% per annum along with reasonable compensation which this Court considers it appropriate, since the delay in non-payment whereof is causing great hardship to her. In support, Counsel placed reliance upon decisions of Apex Court in Ghaziabad Development Authority Vs. Subhash Gupta (AIR 2004 SC 4133) and Manjul Srivastava Vs. Govt. of Uttar Pradesh (2008(8) SCC 652).