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CIVIL APPEAL NOS.4162-4163 OF 2022 (Arising out of SLP(C) Nos.10067-10068 of 2020)
UNION OF INDIA & ANR. ...APPELLANTS
Leave granted.
This appeal challenges the order dated 23.01.2020
HIGH COURT OF DELHI
No.660/2019 and C.M. No.45005/2019.
The instant proceedings have their genesis in the allotment of a plot of land admeasuring about half an acre in Chittaranjan Park area of New Delhi in favour of the respondents herein. The value of the plot was assessed at
Rs.80 lakhs per acre as premium and 2.5% thereof as Annual
Ground rent at the time of allotment. The respondents did not pay the dues in time which led to various rounds of litigation and suffice it to say that in its order dated
30.08.2001 passed by the Division Bench of the High Court, 2022 INSC 595 following observations were made touching upon the amounts that were due and about the manner in which the amounts could be made over by the respondents.
“Learned counsel for respondent no.2 states that as on date a sum of Rs.40,99,163/- is due from the appellant to the L & DO. He further says that the appellant is permitted to pay the aforesaid amount in four quarterly instalments along with interest at the rate of 12% p.a. Learned counsel for the appellant points out that the appellant has already paid a sum of
Rs.10,50,000/- to the L & D.O. Responding to the statement of learned counsel for the appellant, learned counsel for the respondent states whatever sum has been paid by the appellant shall be adjusted against the sum of Rs.40,99,163/-.”
Thereafter, while disposing of Civil Appeal No.4889 of 2002 which arose out of the aforestated order of the
Division Bench, this Court observed:
“… However, after dismissing the appeal, the Division Bench had further issued a notice to the Land and Development Officer and Delhi Development Authority which was confined to the aspect of deposit of balance amount. It appears from the said order that a sum of Rs.10,50,000/- was already deposited as per direction of the
High Court and accordingly there was a stay of cancellation of allotment of land in favour of the appellant. It was further directed that till the next date of hearing, the respondent would not cancel the allotment of the land in favour of the appellant. After the leave was granted on
9th of August, 2002, this Court directed, as an interim measure, the parties to maintain status quo till the disposal of the appeal. This interim order of status quo is still continuing.
ORDER
3. After hearing learned counsel for the parties and after considering the fact that Rs.10,50,000/- had been deposited as per direction of the Delhi High Court and that the status quo order was granted by this Court in the year 2002, we only direct that if the appellant deposits the balance amount, if not already deposited in the High Court, within two months from the date of supply of a copy of this order, the respondents shall not cancel the allotment of the land made in favour of the appellant if cancellation of the allotment of the land in favour of the appellant has not already been done by the Delhi Development Authority and others.” The respondents thereafter initiated proceedings before the National Commission for Minorities, which need not be referred to in detail. We are presently concerned with one more round of litigation initiated at the instance of the respondents. While entertaining L.P.A No.660 of 2019 in the instant round, the Division Bench of the High Court by its order dated 23.01.2020, which is presently under challenge, entertained the appeal and by way of interim protection, directed as under: “5. In the meantime, having regard to the fact that the respondents/Society has deposited a sum of Rs.50,99,163/- with the appellants towards the price of the parcel of land, it is directed that without prejudice to the respective rights and contentions of the parties and subject to the outcome of this appeal, the appellants/ UOI shall hand over possession of the subject plot to the respondents/Society, on or before 04.02.2020. Compliance report shall be filed by the appellants/UOI within one week thereafter.” We have heard Mr. N. Venkataraman, learned Additional Solicitor General in support of the instant appeal and Mr.Sanobar Ali, learned Advocate for the respondents. Insofar as the present dues are concerned, an additional affidavit has been filed on behalf of the appellants computing all the dues as on 31.05.2022. Paragraphs 5, 6 and 7 of the affidavit are as under:
(c) In case the amount is not so deposited within the stipulated time, the dues shall cease to be frozen. In effect, the interest will be chargeable from 01.06.2022. The appellants shall, however, be at liberty to consider whether the allotment in favour of the respondents is required to be cancelled and the plot of land can be utilized for any other public purpose. d) Since, we have passed the instant directions which will put an end to the litigation, L.P.A. No.660 of 2019 which is presently pending before the Division Bench of the High Court, shall stand disposed of in terms of this order. e) All pending applications including contempt petition, if any, also stand disposed of. With these observations, the Civil Appeals are disposed of without any order as to costs ........................ J. (UDAY UMESH LALIT) (S. RAVINDRA BHAT) (SUDHANSHU DHULIA) New Delhi, May 19, 2022.