SAHOO BABA (D) TR.LRS.& ANR Vs. HARYANA URBAN DEVL.AUTH.& ANR

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

Appeal (Civil), 1733 of 2015, Judgment Date: Feb 02, 2015

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 1733 OF 2015
       (Arising out of Special Leave Petition (Civil) No.7445 of 2012)


Sahoo Baba (D) Th. LRs. & Anr.                           ... Appellant(s)

                                   Versus

Haryana Urban Development Authority
& Anr.                                                 ... Respondent(s)


                               J U D G M E N T


ANIL R. DAVE, J.



            Leave granted.
2.    Heard the learned counsel.
3.    The short question with  which  we  are  concerned  in  this  case  is
whether the appellants, who are legal heirs of the original  allottee  of  a
shop, should be allowed to retain the shop, if they are  ready  and  willing
to pay the unpaid amount to the respondent-Authority.
4.    We have noted that even after passing of the order  of  resumption  of
the shop in question, the heirs of the allottee are  in  possession  of  the
shop, though they have not paid the entire price of the shop  including  the
amount of interest payable  on  the  unpaid  amount.   The  appellants  were
directed to pay the amount in terms of Clause 27  of  the  allotment  letter
with interest @15% at an initial stage, and  subsequently  it  was  directed
that the said amount shall be paid with interest @18%.  Till today the  said
amount has not been paid in full.
5.     The  learned  counsel  appearing  for  the  respondent-Authority  has
submitted that the total amount payable by the appellants has been  informed
to them and the learned counsel appearing  for  the  appellants  has  agreed
that the appellants will pay the said amount before 30th April, 2015.
6.    If the amount in all, i.e., Rs.3,70,000/- (Rupees three  lakh  seventy
thousand only) plus a further sum of  Rs.20,000/-  (Rupees  twenty  thousand
only) towards other miscellaneous charges, is not paid  before  30th  April,
2015, the appellants shall not have any right to retain  possession  of  the
shop in question and the shop shall be handed over by the appellants to  the
respondent-Authority and if Rs.3,90,000/- are paid by the appellants  within
the afore-stated period, needful shall be done by  the  respondent-Authority
for completing all formalities of the allotment. If the said amount  is  not
paid by the appellants before 30th  April,  2015,  the  respondent-Authority
shall take possession of the shop in question and the amount paid so far  by
the appellants shall be  treated  as  occupation  charges  of  the  shop  in
question.
7.    This order shall not be treated as a precedent, as it has been  passed
in the peculiar facts of this case.
8.    The appeal stands disposed of as  allowed  to  above  extent  with  no
order as to costs.

                                            ..............................J
                                                  (ANIL R. DAVE)


                                           ..............................J
                                                  (SHIVA KIRTI SINGH)

NEW DELHI;
FEBRUARY 02, 2015