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2000 DIGILAW 2001 (SC)

OKHLA ENCLAVE JOINT ACTION COMMITTEE v. UNION OF INDIA

2000-11-23

K.T.THOMAS, S.N.VARIAVA, S.S.M.QUADRI

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ORDER 1. So far as the petitioners are concerned, it has now become once and for all settled that they fall within the second category indicated in this Court's order dated 20-1-19991. The external development charges and the internal development charges payable by the allottees vis-a-vis second category have already been fixed by this Court by order dated 30-3-1998. It is admitted that the petitioners have paid the entire amount due as per the calculation made by the petitioners on the basis of the said fixation. 2. Mr A.K. Srivastava, learned Senior Counsel arguing for the State of Haryana contended that the State has got the right to realise the interest from the coloniser and that right should not be prejudiced by any orders passed by this Court. We make it clear that the right to claim interest or any other dues claimed as payable by the coloniser was not a matter considered by this t Court at any stage. The coloniser is now free to deal with the third category of land to be sold in open sale subject to the terms and conditions entered into by him and the Government. The deed of sale will have to be executed by the coloniser in favour of all the allottees at the expense of the allottee concerned. In IA No. 36 in WP (C) No. 113 of 1996 3. The petitioner in this IA states that she applied for two plots and possession of only one plot had been given to her. The coloniser submitted that it will be verified and if the applicant is found to be entitled to the second plot she will be put in possession thereof, if not already put in possession, within six weeks. In case the plot cannot be allotted for any reason whatsoever, the money paid by this applicant shall be returned to her in I regard to that second plot with interest at the rate of 12% per annum. 4. All the IAs and contempt petitions are disposed of accordingly.