AVAS AYUKT,U.P.AVAS EVAM VIKAS PAR. Vs BHAGWAN TIWARI
Bench: ANIL R. DAVE,AMITAVA ROY
Case number: C.A. No.-003134-003134 / 2015
Diary number: 36547 / 2010
Advocates: VISHWAJIT SINGH Vs
SHILPA SINGH
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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
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
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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.
..............J.
[ANIL R. DAVE]
..............J. [AMITAVA ROY]
New Delhi; 20th March, 2015.
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