- (1.) By our Order dated 10.12.2015 we had while reserving pronouncement of orders in this appeal directed the Managing Director of the respondent-Corporation to file an affidavit indicating whether the Corporation has been buying properties like the one involved in the present case and whether it was willing to reconsider the offer earlier made by the appellant, despite the two earlier rejections to purchase the property @ Rs. 78,352/- per square meter for a total area of 1324 sq. meters (1628 sq. yards) which works out a sum of Rs. 10,37,38,048/- and whether the Corporation will also be agreeable to pay a reasonable rate of interest which this Court may determine for the period commencing 01.06.2014 till actual payment of the sale consideration. We had further observed that in case an affidavit on the above line was filed, pronouncement of orders in the appeal shall remain deferred for three weeks from the date of filing of the affidavit to enable the Corporation to take an appropriate decision regarding the proposed purchase of the property in dispute.
(2.) An affidavit, pursuant to the above direction, was filed by the Managing Director of the Corporation in which it was inter alia stated that the Corporation was willing to reconsider the offer made by the appellant for the purchase of the property in question. The Corporation, it appears, has gone a step further and reconsidered the offer made by the appellant culminating in a decision by the Executive Committee(M) approving the proposal for purchase of the property in question @ Rs. 78,352/- per sq. meter for a total area of 1324 sq. meter amounting to a total of Rs. 10,37,38,048/- which approval the Corporation has placed on record along with I.A. No. 6 of 2016 inter alia praying for the Executive Committee decision being taken on record and disposal of the appeal by an appropriate direction after deducting a sum of Rs. 17,40,000/- towards deficit stamp duty which according to the Corporation remain outstanding against the appellant in connection with the sale of the property in its favour.
(3.) The appellant has at the same time filed an application seeking modification of our Order dated 10.12.2015 to the extent the said order mentions the total area of the property in question to be 1324 sq. meters and the amount payable for the same at Rs. 10,37,38,048/-. The application points out that the actual area of the property in question is 1361 sq. meters and not 1324 sq. metres as mentioned in our Order dated 10.12.2015.;