MANJU KARDAM W/O SIYARAM NIGAM Vs. VICE CHAIRMAN, HARIDWAR DEVELOPMENT AUTHORITY, HARIDWAR
LAWS(UTN)-2013-9-60
HIGH COURT OF UTTARAKHAND
Decided on September 11,2013

Manju Kardam W/O Siyaram Nigam Appellant
VERSUS
Vice Chairman, Haridwar Development Authority, Haridwar Respondents

JUDGEMENT

- (1.) Heard Mr. Lok Pal Singh, Advocate for the petitioner, Ms. Pooja Banga, Advocate for the respondent-Haridwar Development Authority and perused the record.
(2.) This petition has been filed by the petitioner challenging the order dated 10.05.1995 passed by respondent, by which representation of the petitioner has been rejected. A further prayer has been made commanding the respondent to execute a registered sale deed or lease deed in favour of the petitioner, as the petitioner has already deposited entire amount of the installments with regard to House No. M-2A, Shivlok Bhag-2, Haridwar.
(3.) In the year 1991, the petitioner applied for allotment of a house in medium income group (M.I.G.). The respondent, who is Vice Chairman of the Haridwar Development Authority (hereinafter referred to as the HDA), allotted one house to the petitioner on 14th March, 1991 in Shivlok Avasiya Yojana, Bhag-2. The respondent also issued a letter in favour of the petitioner on 14.03.1991, in which the installments were mentioned. In the said letter, quarterly installments of Rs. 9,986/- were fixed. It is the case of the petitioner that petitioner has deposited all the installments, as directed by the respondent. Initially, the cost of the house assessed by the HAD was Rs. 1,80,000/-. The petitioner deposited all the installments. In the year 1993, the respondents issued a letter to the petitioner with regard to the execution of rent-deed and a registered lease deed. The respondent also informed the petitioner that possession of the house will be handed over to the petitioner. It has been further stated in the writ petition that in the year 1993, the respondent has increased the value of the said house, as the said accommodation is in ground floor and its cost was increased from Rs. 1,80,000/- to Rs. 2,18,500/-. The respondent also sent notice demanding Rs. 16,819/- and on the said notice, the petitioner deposited the demanded amount of Rs. 16,819/-. Thereafter, the respondent has also asked the petitioner to get the stamp-paper of Rs. 13,800/- and Rs. 50/- as the expenses on the registration. Besides it, the respondent also demanded four photographs of the petitioner, which the petitioner furnished within time. Thereafter, on 15.04.1993, lease deed was executed by the respondent in favour of the petitioner. In the said lease deed, the respondent submitted the cost of the house as Rs. 2,18,500/-. In the lease deed, the respondent has also accepted that the lease deed will be registered after the payment of installments. On the basis of lease deed, the respondent handed over the possession of House No. M- 2A of M.I.G. Group in Shivlok Bhag-2 at Haridwar. On the basis of installments fixed by the respondent, the petitioner deposited all the installments and last installment was deposited on 31st December, 1994. The respondent also issued receipt of the payment, but in the receipt the respondent mentioned Rs. 34,320/- as balance amount. Thereafter, the respondent also issued a letter to the petitioner on 31st December, 1994 about outstanding balance of Rs. 34,320/-. Since the petitioner deposited all the installments, the petitioner challenged the said demand notice by way of filing Writ Petition No. 5694 of 1995 before Allahabad High Court and the same was disposed of by permitting the petitioner to move fresh representation, raising all her grievances, before Vice-Chairman, HDA. The HDA was also directed to take decision on the representation of the petitioner. It was also observed that till petitioner's representation is decided, the additional demand shall not be enforced. In compliance of the Allahabad High Court's order, representation of the petitioner was decided on 10th May, 1995, which is impugned in the instant petition.;


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