K G Mishra vs Ghaziabad Development Authority & Ors

Leave granted.

This appeal challenges the judgment and final order dated 21.10.2016 passed by the High Court of Judicature at Allahabad in Writ Petition No.23593 of 2002.

The appellant was allotted Apartment No.1106 in Udaigiri Apartments in Kaushambi Apartment Scheme by the respondents. The estimated price was stated to be Rs.7,13,000/- and the due date for payment of said estimated price was 10.06.1994. In addition, the lease rent as well as service charges were also to be paid by the appellant.

Instead of making payment on or before 10.06.1994, the appellant deposited a sum of Rs.7,22,933/- on 11.06.1996. According to the respondents, there was thus delay of two years in making payment of the estimated price. It is also the case of the respondents that by that time, the final price of the apartment was assessed and arrived at Rs.10.28,632/-and the differential between the final and the estimated price was also required to be paid by the appellant. This differential amount was paid by the appellant on 12.03.2007 with 10 per cent rebate in terms of the Scheme floated by the respondent authority.

As per Chart appended to the application seeking permission to file additional documents, the respondent authority had charged interest @ 21 per cent for the late payment of (i) the estimated price, and (ii) insofar as the differential amount between the final and the estimated price, were concerned.

The submission of the appellant that despite having paid the price of the apartment the authorities were not executing the sale-deed in favour of the appellant, was not gone into by the High Court on the ground that the appellant could enforce his right by way of a suit for specific performance and that the remedy under Article 226 of the Constitution of India would not be available. Thus, the writ petition filed in the year 2002 was disposed of in the year 2016 on the ground of availability of alternate remedy.

Without going into the question whether the High Court was justified in refusing to entertain the writ petition, in our view, the interest of justice would be met if we direct the appellant to deposit with the respondent authority a further sum of Rs.5,00,000/- (Rupees five lakhs only) within eight weeks from today towards full and final settlement of the present dispute.

The respondent authority shall thereafter execute the sale-deed in respect of the aforesaid Apartment No.1106 in Udaigiri Scheme at Kaushambi, within two weeks from the date of such deposit.

The civil appeal stands allowed to the aforesaid extent. No costs.