Urban Improvement Trust vs MAHADEV

HEARD.

THE appellant trust had sold plot No : 272 in South Block, Gandhinagar at Alwar on 27.3.1992 through public auction. THE area of the plot as notified by the appellant was 680 sq. yds. THE respondent had not only deposited the th of the bid money, which he was required to deposit at the fall of the hammer, but also the balance amount of the sale consideration, from time-to-time. However, the grievance of the appellant was that the plot sold actually measured 740 sq. yds. and that there was water supply line lying on the land of the plot. THE appellant trust required the respondent to deposit a further amount of Rs. 18,562.51 being interest and penalty on the amount of the excess land which the respondent did not deposit with the appellant. The respondent approached the Forum which directed that the appellant should put the respondent in possession of the plot admeasuring 680 sq. yds,. after excluding the water supply line and five feet away from such line. It is that order of the Forum that the appellant had challenged through this appeal.

The learned Counsel for the appellant no doubt urged that the plot in question was sold to the respondent through public auction and matters involving sale of immovable property through public auction were not being heard by the redressal agencies under the Act for want of jurisdiction to hear such matters, but the learned Counsel was fair enough to state that recently the National Commission has changed its opinion on the point. In this behalf reference may be made to the order of the National Commission made in V.K. Mehta v. UIT, Revision Petition No. 998 of 2001 dated 31.3.2003.

IT was next urged by the learned Counsel for the appellant that it was no doubt true that the area of the plot was initially notified as 680 sq. yds., but in fact the said plot measured 740 sq. yds., and therefore, an additional demand was made by the appellant against the respondent, which the respondent did not pay and, therefore, the demand for interest and penalty was raised against him. It could not be disputed before us that the notified area of plot No. 272 was 680 sq. yds, only. Again, it could also not be disputed that the area of such plot came to 740 sq. yds. after adding the area covered by the water supply line to the original area of 680 sq. yds. The District Forum has already excluded the area covered by the water supply line as such area was not included in the property sold by the appellant to the respondent. In view of the above we find no infirmity in the impugned order insofar as it relates to the above matter.

WE, however, take notice of the fact that the Forum has awarded interest at the rate of 15 per cent on the amount deposited by the repondent with the appellant payable till the date of actual delivery of possession of the plot to the respondent. The possession of the plot has not so far been delivered by the appellant to the respondent who had parted with his precious money long ago and subsequently he was dragged into this litigation for none of his faults. The appellant should, therefore, pay interest at the rate of 12 per cent per annum to the respondent on the sum deposited by him with the appellant. Looking to the history of this litigation we direct that the appellant shall deliver the possession of the plot in question, as per directions of the Forum and also pay the amount of interest on the sum deposited by the respondent within a period of next two months, failing which the appeal shall be deemed to have been dismissed with cost at Rs. 2,500/-. The appellant trust may determine the accountability of the concerned official/officer for this litigation and may realise all the cost of litigation from such official. Appeal disposed of.