J.Goswamy,J. - (1.) This application under section 151 of the Code of civil Procedure has been filed by M/s. The National Electric Supply & Trading Corporation (P) Ltd. for direction to the respondent to comply with the order dated 24.1.1986 passed by this Court in CCP No. 10 of 1983. This applicaton has arisen in the following circumstances :
(2.) The petitioner was running an industry in the non-conforming area. He was asked to shift his industry and an alternative plot measuring one acre was offered to the petitioner by letter dated 30.3.1968 at the rate of Rs. 25.00 per Sq. Yd. The petitioner was directed to deposit 50"o of the amount calculated the rate of Rs. 25.00 per Sq. Yd. The petitioner accordingly deposited the said amount. However, by a subsequent letter dated 2.1.1970 the petitioner Was intimated that a revised demand has been raised against him and he had to pay the premium of a plot of 4840 Sq. Yds. approximately at the rate of Rs. 48.60 per Sq. Yd. He was accordingly asked to deposit the additional amount within a specified time. This offer was not acceptable to the petitioner and he entered into correspondence with the respondents. Finally, by letter dlated 23.9.1977, the petitioner w"s asked to deposit the amount in accordance with letter dated 2.1.1970 within a period of 15 days from the date of the issue of the said letter, failing which, action to cancel the allotment was to be taken.
(3.) The petitioner challenged aforesaid letters by filing a civil suit for permanent injunction restraining the respondent-Delhi Development Authority from charging anything over and above Rs. 25.00 per Sq. Yd. and from cancelling the allotment. During the pendency of the suit, the learned trial Judge passed an interim order on 17.7.1982. By the said order, the petitioner was to deposit the premium at the rate of Rs. 48.60 per Sq. Yd. and the Delhi Development Authority was to hand over the possession of the plot. In terms of the said order, the petitioner deposited the balance amount since he had already deposited Rs. 60.000.00 and odd as directed by the learned trial Judge. In spite of that no possession of the plot was given to the petitioner. The suit of the petitioner was finally decreed as prayed for by judgment and decree dated 25.11.1982.;