RAKESH KUMAR TEWARI Vs. VICE PRESIDENT, KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD Sri Anil Kumar Misra, learned counsel for the appellant and revisionist and Sri N.C. Upadhyaya, learned counsel for K.D.A.

(2.) AS the present appeal and revision arise out of the same dispute we take them together for disposal. The dispute subsisting between the parties lies in a narrow compass. The crucial question we have been called upon to answer is as to whether the appellant of appeal no. 2039/2006 and the revisionist of revision no. 129/2008 is under an obligation to deposit the price of the additional land on the enhanced rate as demanded vide letter dated 2.12.2002, even though the appellant/complainant who happened to be the revisionist of the revision mentioned above deposited the entire money demanded?

(3.) THE complainant was allotted by the KDA a plot of 180 sq. Meters and he deposited the entire price of Rs. 1,30,000/ - in time. Subsequently, the complainant was informed that the adjoining land i.e. 208.13 Sq. Meters may also be allotted to him provided he was willing to pay its price at the then prevailing rates. Whereas the initial allotment was made in the year 1999, the complainant's consent for allotment of the additional land at the then prevailing rate was solicited vide respondent's letter dated 6.3.2000. The total area of the plot had increased to 388.13 Sq. Meters and the complainant not only submitted in time his willingness to accept the additional land and pay its price at the then prevailing rate but also deposited the entire money well in time. However, the respondent did not execute the sale deed soon after the appellant had performed his part of obligation rather allowed a period of six months to lapse and then in Dec. 2002 asked the complainant once again to pay the price of the additional land at the increased rate w.e. f. June 2002. A letter of 2.12.2002 was sent by the Authority and the complainant was asked to deposit Rs.2,23,816/ -. The complainant felt aggrieved of this demand and filed his complaint which was allowed with a direction to the Development Authority to execute the sale deed in respect of 388.13 Sq. Meters of land. The complainant however, was aggrieved of the District Consumer Forum's direction to pay price at the present rate and the execution petition of the complainant was dismissed by the Forum below on the ground that he failed to deposit the escalated price. A total sum of Rs.6,24,477 - besides general stamp papers of Rs. 1,05,800/ - was asked for. The complainant has questioned the propriety of the said order and also the order, whereby his execution petition has been dismissed.