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2005 DIGILAW 440 (SC)

GRAND VASANT RESIDENTS WELFARE ASSOCIATION v. DDA

2005-02-28

D.M.DHARMADHIKARI, R.C.LAHOTI

body2005
ORDER 1. Leave granted. 2. After hearing the learned counsel for the parties, we are satisfied that the impugned orders of the High Court putting the appellants on terms to deposit the price of the land, said to be a park, as a condition precedent to the hearing of the writ petition cannot be sustained. The appeals are allowed and the impugned orders are set aside. 3. After hearing the appellants herein and other parties before it, the High Court may pass such order as it deems fit regarding the price of land (park) while disposing of the matter before it finally. So far as the amount of Rs 15 lakhs already deposited by the appellants is concerned that shall be retained in fixed deposit by the High Court and may be directed to be appropriated or refunded consistently with the final judgment in the petition.