- (1.) Heard Mr. Rahul Pandey, learned counsel for the petitioner and Mr. Shivam Yadav for the second and third respondents, the Ghaziabad Development Authority.
(2.) The petitioner claims interest accrued on moneys deposited by him with the Ghaziabad Development Authority (the Authority) pursuant to an agreement to sell dated 20 February 2014. He further claims refund of an amount of Rs.8,50,300/- representing the amount of stamp duty which was paid by her in connection with the execution of the agreement to sell which was executed between the parties.
(3.) From the facts brought on record, it appears that, Plot No. KA-459 was purchased by the petitioner in auction proceedings conducted by the Authority in 2013. It is his case that although the petitioner paid the entire amount, possession of the said plot was not handed over to her. It is further alleged that the petitioner deposited a sum of Rs.8,50,300/- towards stamp fee subsequent to which an agreement to sell also came to be executed between the parties. It is however asserted that a private individual had asserted rights, title and interest over the plot in question and consequently also restrained the petitioner from raising constructions on the plot in question. These assertions, in the submission of the learned counsel for the petitioner, are admitted to the Authority as is evident from their communication dated 26 July 2016.;