AVAS AYUKT,U.P.AVAS EVAM VIKAS PAR.& ORS Vs. BHAGWAN TIWARI & ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 3134 of 2015, Judgment Date: Mar 20, 2015

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.3134 OF 2015
                (Arising out of SLP(C)NO.35541 OF 2010)


      AVAS AYUKT,U.P.AVAS EVAM VIKAS
      PARISHAD & ORS.                                    ... APPELLANT(S)

                                   VS.

      BHAGWAN TIWARI & ANR.                             ... RESPONDENT(S)


                              J U D G M E N T


Leave granted.
Heard the learned counsel.
The question involved in the appeal is with regard to the allotment of  Flat
No.3C-24, Pandeypur Yojana, Varanasi (U.P.), to  the  respondent  under  the
Residential Housing Scheme, namely, Pandeypur Yojana in Varanasi.
Looking at the peculiar facts of the case, we direct that in all  a  sum  of
Rs.5,15,000/- (Rupees Five lakhs fifteen thousand only) as  full  and  final
payment shall be made by Respondent  No.1  to  the  Appellant-Authority  for
allotment of the aforesaid flat.  It is an  admitted  fact  that  a  sum  of
Rs.35,000/- (Rupees thirty five thousand only) has been paid  by  Respondent
No.1 to the Appellant  and therefore, after  adjusting  the  amount  already
paid, in all a sum of Rs.5,15,000/- shall be paid by Respondent No.1  within
one month from today.   Vacant  and  peaceful  possession  of  the  flat  in
question, after due repairs and in  normal  condition  as  per  the  Scheme,
shall be handed over to  Respondent  No.1  within  two  months  from  today,
provided the afore-stated payment is made by the respondent.
The appeal is disposed of accordingly.   There  shall  be  no  order  as  to
costs.
The order passed in this appeal shall not be treated as a precedent.

                                                            ..............J.
                                                            [ANIL R. DAVE]


                                                            ..............J.
                                                             [AMITAVA ROY]
New Delhi;
20th March, 2015.