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2015 DIGILAW 1035 (GUJ)

Heera Association v. Union of India

2015-10-13

ABDULLAH GULAMAHMED URAIZEE, HARSHA DEVANI

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ORDER : Harsha Devani, J. 1. Rule. Mrs. Mauna Bhatt, learned Senior Standing Counsel waives service of rule on behalf of the respondents. 2. Having regard to the controversy involved in the present case, which lies in a very narrow compass and with the consent of the learned counsel for the parties the matter is taken up for final hearing today. 3. The respondent - Income Tax Department put up property bearing Final Plot No. 320, Sub Plot 2A, admeasuring 854 square metres and Sub Plot 2B admeasuring 595 square metres of Town Planning Scheme No. 3-Navrangpura to auction. The petitioners were successful bidders and entitled to purchase the above referred property for a consideration of Rs. 55,23,000/-. Pursuant to the auction, the appropriate authorities intimated the confirmation of sale to the petitioners vide letters dated 16th July, 1990. Subsequently, upon payment of the entire consideration, the possession of the said property came to be handed over to the petitioners, which was confirmed by a communication of the concerned authority dated 10th August, 1990. However, despite having paid the full consideration and having made repeated requests, the conveyance deed in relation to the said property has not been executed in favour of the petitioners and they have, thereby, been deprived of the title to such property. The petitioners have, therefore, approached this court seeking a direction to the respondents to execute the conveyance deed in favour of the petitioners for the property described hereinabove. 4. Heard Mr. Tanvish Bhatt, learned advocate for the petitioners and Mrs. Mauna Bhatt, learned Senior Standing Counsel for the respondents. 5. At the outset, the learned counsel for the respondents submitted that the sale deed is likely to be executed within a period of four months from today. It is, however, not the case of the respondents that there is any hurdle in the execution of such conveyance deed. 6. The facts reveal that the sale has been confirmed way back on 16th July, 1990 and upon payment of the entire amount of consideration, the physical possession has also been handed over on 10th August, 1990. However, despite a passage of 25 years, till date the sale deed has still not been executed in relation to the property in question. The facts reveal that the sale has been confirmed way back on 16th July, 1990 and upon payment of the entire amount of consideration, the physical possession has also been handed over on 10th August, 1990. However, despite a passage of 25 years, till date the sale deed has still not been executed in relation to the property in question. Having regard to the fact that the sale has taken place way back in the year 1990 and the total amount of consideration has been paid at the relevant time, as well as the fact that it is not the case of the respondents that there is any impediment in executing the conveyance deed, a further period of four months for execution of the conveyance deed does not seem to be justified. Under the circumstances, the petition deserves to be allowed with a direction to the respondents to execute the sale deed within a reasonable period as stipulated hereunder. 7. For the foregoing reasons, the petition succeeds and is accordingly allowed. The respondents are directed to execute the conveyance deed in favour of the petitioners for the property bearing Final Plot No. 320, Sub Plot 2A, admeasuring 854 square metres and Sub Plot 2B admeasuring 595 square metres of Town Planning Scheme No. 3-Navrangpura within a period of one and half months from the date of receipt of this order. Rule is made absolute accordingly with no order as to costs.