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Judgment
Civil Appeal arising out of S.L.P.(C) No.10946/2013:
Leave granted.
Pursuant to our earlier Orders, Mr. K. Radhakrishnan, learned Senior Counsel appearing for respondent No. 1, has placed on record Additional Affidavit. As per the said Affidavit, respondent No. 1 is agreeable to allot proportionate extent of land on pro rata basis for the amount already paid by the bidders who are not in possession or willing to pay the balance amount.
Learned counsel for the appellant submits that in terms of the aforesaid decision taken by respondent No. 1, the appellant may be allotted proportionate land on pro rata basis keeping in view the amount already paid by it.
We order accordingly and direct respondent No. 1 to allot the appellant pro rata land within one month from today.
It goes without saying that the infrastructure development which was assured at the time of inviting bids shall be provided by respondent No. 1 to the appellant.
The appeal is disposed of in aforesaid terms. Pending applications, if any, shall also stand disposed of.
Civil Appeal arising out of S.L.P.(C) No. 10944/2013, Civil Appeals arising out of S.L.P.(C) Nos. 11145-11146/2013, Civil Appeal arising out of S.L.P.(C) No. 12134/2013 and Civil Appeal arising out of S.L.P.(C) No. 15628/2013:
Leave granted.
Pursuant to our earlier Orders, Mr. K. Radhakrishnan, learned Senior Counsel appearing for respondent No. 1, has placed on record the Additional Affidavit. As per the said Affidavit, respondent No. 1 is agreeable to allot proportionate extent of land on pro rata basis for the amount already paid by the bidders who are not in possession or willing to pay the balance amount.
In these appeals it is, inter alia, stated that all those auction bidders who had paid partial consideration and are willing to pay the balance amount can do so and some reasonable time be given to them for making the balance payment. It is further stated that, on payment of the said amount, the land for which the appellants have submitted their bids and which were accepted shall physically be allotted to all these persons and possession thereof shall be handed over to them immediately upon making payment. The appellants in all these appeals are ready to accept this offer.
With the consent of the parties, we grant eight weeks time to all these appellants to make payment of the balance amount. On making the payment, the land shall be earmarked and physical possession thereof shall be given to them forthwith and, in any case, within two weeks from making the payment.
It goes without saying that the infrastructure development which was assured at the time of inviting bids shall be provided by respondent No. 1 to the appellants.
The appeals are disposed of in aforesaid terms.
Pending applications, if any, shall also stand disposed of.
Civil Appeal arising out of S.L.P.(C) No. 11048/2013:
Leave granted.
The appellants in this case had given their bids in respect of two plots, i.e., Plot A and Plot B measuring 4.05 and 1.47 acres respectively. These bids of the appellants were accepted. Position in respect of these plots, viz. the amount of the bids, the amount paid and the balance amount which remains to be paid, is as under:
"CURRENT POSITION
Plot
A
B
Area (Acres)
4.05
1.47
Location
Survey No. 109, Plot No. 7 of Site No. 1 (Plot A)
Survey Nos. 116 & 117, Plot No. 1 of Site No. 2 (Plot B)
Earnest Money on 21st July 2006
Rs. 2,00,00,000.00p.
Rs. 2,00,00,000.00p.
1 st Installment
Rs. 12,24,25,000.00p.
Rs. 4,01,88,335.00p.
2 nd Installment on 9th August 2006
Rs.14,24,25,000.00p.
Rs. 6,01,88,335.00p.
Total Paid Till date
Rs.28,48,50,000.00p.
Rs.12,03,76,670.00p.
Total Land Cost
Rs.42,72,75,000.00p.
Rs.18,05,65,000.00p.
Balance to be Paid
Rs.14,24,25,000.00p.
Rs. 6,01,88,330.00p.
The appellants are willing to give the balance payment in respect of Plot A. Learned Senior Counsel appearing for the appellants further submits that insofar as Plot B is concerned, the appellants would give up their rights. However, the payment made in respect of Plot B, as per the proposal in respect of Plot B, be adjusted against Plot A and after the adjustment, balance amount shall be paid by them within eight weeks.
The proposal can be translated in the following manner:
"PROPOSAL
Adjust entire payment (payments made for Plot A and Plot B) against one, i.e., Plot A
Plot
A
Area (Acres)
4.05
Location
Survey No. 109, Plot No. 7 of Site No. 1 (Plot A)
Total Land Cost for Plot A (X)
Rs. 42,72,75,000.00p
Total Paid till date (Plot A + Plot B) (Y)
Rs. 40,52,26,670.00p (Rs.28,48,50,000.00p. + Rs.12,03,76,670.00p)
Balance to be Paid to HMDA after adjustment (X - Y)
Rs.2,20,48,330.00p
Mr. K. Radhakrishnan, learned Senior Counsel appearing for respondent No. 1, on instructions, submits that respondent No. 1 is agreeable to the aforesaid proposal.
In view thereof, this appeal is disposed of with a direction to the appellants pay the balance amount of Rs. 2,20,48,330.00 within a period of eight weeks from today.
On making this payment, Plot A shall be handed over to the appellants within two weeks.
Pending applications, if any, stand disposed of.