S. MURALIDHAR, J. ( 1 ) THIS writ petition challenges a letter dated April 1, 1992 issued by the respondent declining the request of the petitioner to extend the time for making the payment of Rs. 17,050 towards the balance cost of the Plot No. BG -497 at Sanjay Gandhi Transport Nagar and consequently cancelling the allotment of the said plot made in its favour. The petitioner was asked to apply for the refund of the amount lying with the respondent. ( 2 ) THE petitioner was engaged in the business of transportation of goods since 1974. Applications were invited in 1976 for allotment of commercial plots in Wazirabad. The petitioner applied for a plot measuring 125 sq. m. and deposited the earnest money. Later the petitioner requested that this allotment be transferred to another site proposed to be developed at the Sanjay Gandhi transport Nagar on the GT Karnal Road. The cost of the plot was fixed at Rs. 225/- per sq. m. By a letter dated 2. 2. 1984, the applicants including the petitioner were informed that a sum of Rs. 29,700 was required to be paid for a plot of 110 sq. m. According to the petitioner it deposited Rs. 11,000 on 17. 2. 1974, another instalment of Rs. 11,000/- on 29. 3. 1985 and a third instalment of Rs. 7,7000 on 30. 12. 1985. Therefore by 30. 12. 1985 the petitioner had deposited a sum of Rs. 29,700. Thereafter there was a revision in the price of the plots and a dispute arose between the transporters who had applied for the plots and the respondent. It is admitted that the revised costing required the petitioner to pay the differential amount by 31. 3. 1989. Initially the demand was Rs. 25,300 but was later scaled down to Rs. 17, 050. ( 3 ) HOWEVER, the petitioner claims that one Puran Chand obtained a restraint order from the Delhi High Court against this enhanced demand and on this basis the petitioner decided not to make the payment. His request thereafter to be permitted to make the payment was declined by the impugned order dated 1. 4. 1992 leading to the filing of the present petition. ( 4 ) BY an order of this court dated 23. 4. 1992 the petitioner was directed to make the payment of Rs. 17,050 without prejudice to his rights and contentions.
His request thereafter to be permitted to make the payment was declined by the impugned order dated 1. 4. 1992 leading to the filing of the present petition. ( 4 ) BY an order of this court dated 23. 4. 1992 the petitioner was directed to make the payment of Rs. 17,050 without prejudice to his rights and contentions. It was further directed that on the petitioner making such payment "plot bearing No. BG-497, Sanjay Gandhi Transport Nagar, Samaipur Badli, g. T. Karnal Road, Delhi shall not be allotted to any other person and status quo shall be maintained. " ( 5 ) THE question that requires to be considered here is whether the respondents were justified in cancelling the allotment of the petitioner and whether the petitioner has made out a case for being permitted to make good the balance amount and get the allotment of a Plot in the Sanjay Gandhi Transport nagar. ( 6 ) THE issue concerning the late payment of the instalments by transporters who had applied for plots in Sanjay Gandhi Transport Nagar is no longer res integra. By a judgment dated 23. 10. 2002 a Learned Single Judge of this Court in CW No. 833 of 1999 (Sanjay Gandhi Transport Nagar Plot Holders association v. MCD) gave the following directions: "taking into consideration the aforesaid facts and circumstances the writ petitions are allowed and it is directed that the petitioners who have made full payments of Rs. 425/- per sq. metre plus Rs. 55/- per sq. metre and those who had only made payment of Rs. 425/- per sq. metre on payment of balance of Rs. 75/- per sq. metre as aforesaid within four weeks should be handed over the possession of the plots alloted to them within a period of eight weeks from today. It may be relevant to note that the respondent has been unable to point out as to whether any of the petitioners have not made the said payment and it is in view thereof that the present order has been passed but due care has been taken to confine the benefit of the order to the petitioners who have paid the said amount. In case full payment has not been made @ Rs. 425/- per sq. metre then it will be open to the respondents to charge at the new determined rate of rs. 4,500/- per sq. metre.
In case full payment has not been made @ Rs. 425/- per sq. metre then it will be open to the respondents to charge at the new determined rate of rs. 4,500/- per sq. metre. " ( 7 ) THIS order was subsequently followed in another judgment dated 7. 3. 2006 passed in W. P. (C) No. 1252 of 1992 (B. N. Bhandari v. Municipal Corporation of delhi ). The petitioner submits that its case is no different from that of the above cases and therefore it should also be granted the same relief as was granted to the transporters in those cases. ( 8 ) THE judgment dated 23. 10. 2002 recognises that there were two classes of persons who had applied for plots. One comprised those who had made the full payment of all the instalments but were still not given possession of the plots. They had only not paid the electrification charges of Rs. 55 per sq. m or Rs. 75 per sq. m. as per the revised rates. In such cases, this court directed that wherever full payment had already been made the petitioner should, upon payment of the electrification charges, be given the allotment and possession of the plot. A second category comprised those applicants who had not made the full payment at the rate of Rs. 425 per sq. m. In such cases it was held that it would be open to the respondent to charge at the new determined rate of Rs. 4500 per sq. m. ( 9 ) AS far as the present case is concerned, it appears that the petitioner is covered by the second category of cases because on his own showing he did not make the full payment of the entire sum within the time stipulated. The payment of Rs. 17,050 was much beyond the deadline of 31. 3. 1989 and pursuant to an interim order of this Court. Therefore, while holding that that the petitioner's case would also be covered by the judgment dated 23. 10. 2002, it is made clear that the petitioner falls in the second category of those persons who did not make the full payment within the time stipulated and in respect of whom it will be open to the respondents to charge at the new determined rate of Rs. 4500 per sq.
10. 2002, it is made clear that the petitioner falls in the second category of those persons who did not make the full payment within the time stipulated and in respect of whom it will be open to the respondents to charge at the new determined rate of Rs. 4500 per sq. m. ( 10 ) THEREFORE the only direction that can be issued as far as the present writ petition is concerned is that if the petitioner has paid the sum as directed by this Court in the order dated 23. 4. 1992, and in such event the plot in question has been kept reserved in terms of that order, the petitioner should be allotted and put in possession of the said plot on his paying the entire sum as demanded by the respondent calculated at the rate of Rs. 4500 per sq. m after giving credit to the amounts already paid by the petitioner thus far. The MCD should raise such demand and communicate the same to the petitioner within four weeks from today. The petitioner will pay the sum as demanded within four weeks of the receipt of such demand raised by the MCD. The petitioner will also complete the formalities as stipulated by the MCD. If the petitioner makes the payment as demanded and completes the formalities within the said time, the MCD will within four weeks thereof execute the necessary documents in respect of the said plot in favour of the petitioner and also put the petitioner in possession of the said plot. ( 11 ) WITH these directions this writ petition is disposed of with no orders as to costs.