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Supreme Court of India

AVAS AYUKT,U.P.AVAS EVAM VIKAS PAR vs BHAGWAN TIWARI on 20 March, 2015

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C.A. No.-003134-003134 - 2015Official PDFBench Anil Ramesh Dave, Amitava RoyAdvocates VISHWAJIT SINGH | SHILPA SINGH
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3134 OF 2015
(Arising out of SLP(C)NO.35541 OF 2010)
AVAS AYUKT,U.P.AVAS EVAM VIKAS
PARISHAD & ORS. ... APPELLANT(S)
VS.
BHAGWAN TIWARI & ANR. ... RESPONDENT(S)
J U D G M E N T

Leave granted.

Heard the learned counsel.

The question involved in the appeal is with regard to

the allotment of Flat No.3C-24, Pandeypur Yojana, Varanasi

(U.P.), to the respondent under the Residential Housing

Scheme, namely, Pandeypur Yojana in Varanasi.

Looking at the peculiar facts of the case, we direct JUDGMENT that in all a sum of Rs.5,15,000/- (Rupees Five lakhs

fifteen thousand only) as full and final payment shall be

made by Respondent No.1 to the Appellant-Authority for

allotment of the aforesaid flat. It is an admitted fact

that a sum of Rs.35,000/- (Rupees thirty five thousand only)

has been paid by Respondent No.1 to the Appellant and

therefore, after adjusting the amount already paid, in all a

sum of Rs.5,15,000/- shall be paid by Respondent No.1 within

one month from today. Vacant and peaceful possession of the

flat in question, after due repairs and in normal condition

as per the Scheme, shall be handed over to Respondent No.1

within two months from today, provided the afore-stated

payment is made by the respondent.

The appeal is disposed of accordingly. There shall be

no order as to costs.

The order passed in this appeal shall not be treated

as a precedent.

[AMITAVA ROY] New Delhi; 20th March, 2015.