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Supreme Court of India · body

2004 DIGILAW 1119 (SC)

Haryana Urban Development Authority v. P. C. SHARMA

2004-09-01

A.K.MATHUR, S.N.VARIAVA

body2004
ORDER 1. Heard learned counsel for the parties. 2. The petitioners are willing to hand over the possession of Plot No. 815-C, Sector 45, Gurgaon to the respondent. It is also stated that in the letter dated 5-4-2004, by mistake, an amount of Rs 57,420.00 is shown to be recoverable from the respondent. It is stated that actually a sum of Rs 62,293 was to be paid back to the respondent by the petitioners. 3. On the other hand, it is pointed out by the respondent that allotment of Plot No. 818-C in Sector 45 has to be at the same price as was payable in Plot No. 524, Sector 12-A. In this respect order of the District Forum is shown to the Court. 4. It is the admitted position that the enhanced price, which is being claimed, is of Sector 45. The petitioners have to give the alternative plot at the same rate at which the original plot in Sector 12-A was allotted. Thus the enhanced price, which can be charged, is only in respect of Sector 12-A. If the price of plots in Sector 45 has been enhanced the same cannot be recovered from the respondent. The respondent has to be given a plot at the same price as in Sector 12-A. We, therefore, direct that the possession of Plot No. 818-C, Sector 45, Gurgaon be handed over and the sum of Rs 62,293 recovered as enhanced price of Plot No. 818-C be refunded to the respondent. The sum of Rs 7403 to be adjusted against the amount payable to the respondent. Both to be done within one week from today. 5. We clarify that as the respondent is already benefiting to a great extent therefore no interest will be payable to the respondent either under the order of the District Forum, State Forum or the National Commission. 6. Adjourned for one week to ensure compliance. Court Master