- (1.) Leave granted.
(2.) The appellants informed the first respondent by allotment letter dated 22.3.2006 that a High Income Group House No.6A/180 had been allotted to him through draw of lots on 18.3.2006. This was followed by an amended letter of allotment dated 26.5.2006. This showed that the allotment was at a total cost of Rs.15,50,740; and that after adjusting Rs.26,250 (that is Rs.25,000 paid as registration deposit and interest thereon) the amount payable was Rs.15,24,490. He was required to pay a lump sum of Rs.7,75,390 immediately and pay the balance of Rs.7,49,100 with interest @13% per annum in 120 equated instalments of Rs.11,185 commencing from 1.4.2006. He was also required to pay Rs.15,190 towards miscellaneous expenses and Rs.155,100 towards stamp duty. It was further provided that if there were any delay in the payment of any of the amount, then additional interest will be charged at the rate of 16% per annum in regard to the amount that had become overdue.
(3.) The first respondent did not make the payment but filed a writ petition on 6.6.2006 seeking (a) a direction to the appellants not to cancel the allotment and to accept the amount due without any penal interest; and (b) a direction to the appellants to remove the two electrical poles in front of the allotted house before insisting upon the deposit. The appellants filed a counter contending that first respondent cannot object to the existence of electric poles in front of the house (at a distance of 1.2 M on the road from the boundary of the plot allotted to him). During the pendency of the said writ petition, the appellants cancelled the allotment on 21.4.2007, as first respondent failed to deposit the amounts due and complete the formalities. The High Court made an interim order on 18.5.2007 directing the appellants not to allot the said house to anyone else subject to the first respondent depositing a sum of Rupees five lakhs. In pursuance of it, the first respondent deposited Rupees five lakhs on 3 12.6.2007. Ultimately, the High Court disposed of the writ petition on 4.11.2008 directing that if the first respondent pays the entire sum of Rs.15,50,740 (less Rupees five lakhs paid on 12.6.2007) within eight weeks, he shall be extended the benefit of allotments and the appellant should execute the Sale Deed in his favour. The High Court held that as the first respondent wanted to pay the initial deposit of Rs.7,50,000 and the entire balance in one lump sum, he should not be burdened with any interest. In pursuance of the final order dated 4.11.2008, the first respondent is stated to have deposited Rs.10,50,750, on 12.12.2008.;