G D A Vs. GULSHAN RAJ CHOPRA

JUDGEMENT

(1.) This revision petition filed by the Ghaziabad Development Authority (GDA) arises from the order passed by the State Commission.

(2.) Briefly, the facts of the case are that the respondent was allotted a plot in Nehru Nagar in Ghaziabad. Certain amounts were also deposited by the respondent with the petitioner but when it came to giving possession of the allotment of the said plot, GDA shied away on the ground that the area has been encroached upon by certain people. Complainant was asked to give consent for alltoment of an alternative plot but the respondent did not agree. Not getting plot as per allotment letter, the respondent moved the District Forum for relief, who after hearing both the parties allowed the complaint but instead of direction to allot a plot to the petitioner, directed the petitioner to refund the deposited amount with interest and cost of Rs. 500/-. Petitioner filed an appeal in which the State Commission directed the petitioner to allot a plot in Nehru Nagar and to pay interest @ 18% on the amount deposited till the date of handing over the possession, hence this revision petition.

(3.) It is argued by the learned Counsel for the petitioner, GDA that since there was encroachment in Nehru Nagar, plot could not be allotted to the respondent. The order of the District Forum was correct and the State Commission erred in passing the order directing allotment of plot. It needs to be set aside.