- (1.) This is an application for the issuance of completion-cum-occupation certificate, the grant of sewerage and the water connection and such other facilities as are necessary for the enjoyment of the property in dispute. In all as many as four prayers are made which are as follows : "1) That the respondent authorities be directed to issue the completion-cum-occupation certificate and also grant the sewerage connection, water connection and all other facilities which are necessary for the enjoyment of the property in dispute. To grant 'No Objection' for power connection of 90 KVA for which the security of a sum of Rs. 8404/- (Rs. 7900 + Rs. 504/-) was deposited by the petitioner on 19.4.1985. 2) The registration of the plot/conveyance deed is ordered and the sum of Rs. 2,87,040/- has already been paid as per allotment letter dated 13.3.1984, with an undertaking that the balance of a sum of Rs. 1,52,960/- shall be paid by the petitioner in ten annual instalments in case the writ petition is dismissed, or some similar condition is laid down by this Hon'ble Court. 3) It is also prayed that this Hon'ble Court may please direct the respondent authorities to provide all other normal facilities as are provided to all allottees who had set up their sheds and industrial Units. 4) It is also prayed that this Hon'ble Court may please pass and/or any other order(s) as deemed fit and proper in the facts and circumstances of the present case." It is agreed between the counsel for the parties that the outstanding amount would be paid by the petitioner in six equated annual instalments to be determined by the Corporation. The petitioner would appear before the Managing Director on 25.1.90 for this purpose. On payment of the first instalment, the facilities asked for and reproduced above would be made available by the Corporation within the shortest possible time. The deposit of the instalments would be without prejudice to the rights of the petitioner in the writ petition and without prejudice to the rights of the Corporation to contend that the resumption was made in accordance with law and further without prejudice to the rights of the Corporation to press its application under Section 34 of the Arbitration Act. In case the petitioner succeeds in the writ petition, it is open to the Bench to pass suitable orders regarding the disbursement of the amount so deposited under this order and to lay down the terms for disbursement. It is further agreed between the parties' counsel that in case of non-deposit of second or subsequent instalment, the facilities granted by the Corporation would be withdrawn. The first instalment would be paid on or before 5th February, 1990. It naturally goes without saying that on payment of the first instalment the Corporation would grant the necessary facilities which have been specified above.
(2.) With these observations, the civil misc. application stands disposed of. Copy of the order be given Dasti.;