Rajiv Chaudhary vs Ghaziabad Development Authority,Ghaziabad

The prayer of the petitioner is to command the Ghaziabad Development Authority to hand over possession of a residential plot under category A'' in Vaishali Housing Scheme 1985 immediately to him.

The petitioner asserts that even though he had paid necessary amounts to the RespondentGhaziabad Development Authority it is acting arbitrarily in not handing over possession of the premises after completing the formalities.

In support of his claim the petitioner has appended as Annexure4 a certificate dated 7987 granting by or on behalf of The Oriental Bank of Commerce, Branch Ghaziabad which reads thus:

�RZP/Misc.

TO WHOM IT MAY CONCERN

This is to certify that a Pay Order No. 1028/86 dated 231086 for Rs. 33,410 (Rupees Thirtythree thousand four hundred and ten only) fvg. �Vice ChairmanGhaziabad Development Authority a/c Rajiv Chaudhary was issued by us to the debit of CA375 of M/s. Chaudhary and Sons (Forgings) Pvt. Ltd. vide their cheque No. 024268 dated 231086 for Rs. 33, 410.

The Ghaziabad Development Authority stated in its Supplementary Counter Affidavit that a zerox copy of the document appended as Annexure4 to the writ petition was placed by the Respondent before the Oriental Bank of Commerce ; that the Bank certified that Pay Order No. 1028/86 dated 231086 for Rs. 33,410 has not paid till date and is outstanding with the Bank, appending the original certificate issued by the Bank on 16121998 as AnnexureSGA1 to the Supplementary CounterAffidavit ; that the petitioner has wrongly stated that second instalment was for Rs. 33,410 whereas the correct fact was that the said amount was registration amount, which was not paid by the petitioner before 15786, the last date of receipt of the application ; that the document appended as Annexure2 to the writ petition (the letter of registration) was issued under collusion with Mr. Thapiyal, the then Chief Account Officer of the Ghaziabad Development Authority ; that the letter of reservation issued on 25101986 does not bear signature of any authority and only stamp of ViceChairman''s signature has been put on it which itself demonstrates the connivance ; that the payment of an amount of Rs. 33,410, alleged to be first instalment, by the, petitioner on 2121986 is not disputed and the respondents are prepared to return back this amount but this payment will not confer any right on the petitioner unless he had paid the registration amount and that there is no plot available in the scheme in question.

Today the petitioner has filed a supplementary rejoinder affidavit stating, inter alia, that the pay order has not been encashed or cancelled by the petitioner till date and the said amount is still with the petitioner ; that due to mistake it was mentioned that second instalment of an amount of Rs. 33,410 was deposited on 23101986, whereas the said amount was registration amount ; that the petitioner was never informed that the last date of the receipt of application of Vaishali Housing Scheme was 1571986 and this plea has been taken for the first time ; that it is totally incorrect to say that letter of registration was issued under collusion ; that Mr. Thapiyal was duly authorised to issue letter; and that all allotment letters bore the rubber stamp, signature of the ViceChairman and of Mr. Thapiyal and similar allotment letters were issued to Smt. Rekha and Sri Mahesh Kumar, who have been allotted residential plot and given possession thereafter.

Having heard Mr. Raj Kumar Jain, learned Counsel appearing on behalf of the petitioner and Sri H.R. Misra, learned Standing Counsel appearing on behalf of the Ghaziabad Development Authority this much is clear to us thai the initial deposit by the petitioner is still lying with the Bank which had not credited that amount to the Ghaziabad Development Authority.

This conclusion of ours is based on the following endorsement made at the bottom of the Xerox copy of Annexure4 by the Senior Manager of the Bank in following words:

�We confirm that pay order No. 1028/86 dated 231086 for Rs. 33,410 fvb. C.C. GDA a/c Rajiv Chaudhary is not paid till date and outstanding with it.

For Oriental Bank of Commerce

Sd/=

Senior Manager

Razapur, Shahstri Nagar, Ghaziabad

dated 161298.�

The question as to whether only stamp rubber signatures of the ViceChairman on the allotment letters, in the peculiar facts and circumstance, conferred valid right in the petitioner to claim allotment of the residential plot in the Vaishali Housing Scheme is difficult to the adjudicated in this summary proceeding under Article 226 of the Constitution of India.

For the reasons aforementioned we dismiss this writ petition, however, expecting that the Ghaziabad Development Authority will refund that amount which it is prepared to refund to the petitioner within one month from the date of receipt of a copy of this order.

The office is directed to hand over a copy of this order by 16th March, 1999 to Sri H.R. Misra, learned Standing Counsel for the Ghaziabad Development Authority for its communication to and a follow up action. Petition dismissed.