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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1733 OF 2015 (Arising out of Special Leave Petition (Civil) No.7445 of 2012)

Sahoo Baba (D) Th. LRs. & Anr.   ... Appellant(s)

Versus

Haryana Urban Development Authority & Anr.      ... Respondent(s)

J U D G M E N T

ANIL R. DAVE, J.

Leave granted.

2. Heard the learned counsel.

3. The short question with which we are concerned in this  

case  is  whether  the  appellants,  who are  legal  heirs  of  the  

original  allottee of  a shop,  should be allowed to retain the  

shop, if they are ready and willing to pay the unpaid amount  

to the respondent-Authority.

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4. We have noted that even after passing of the order of  

resumption of the shop in question, the heirs of the allottee  

are in possession of the shop, though they have not paid the  

entire  price  of  the  shop  including  the  amount  of  interest  

payable on the unpaid amount.  The appellants were directed  

to  pay the amount  in  terms of  Clause 27 of  the allotment  

letter with interest @15% at an initial stage, and subsequently  

it  was  directed  that  the  said  amount  shall  be  paid  with  

interest @18%.  Till today the said amount has not been paid  

in full.  

5. The  learned  counsel  appearing  for  the  respondent-

Authority has submitted that the total amount payable by the  

appellants  has  been  informed  to  them  and  the  learned  

counsel  appearing  for  the  appellants  has  agreed  that  the  

appellants will pay the said amount before 30th April, 2015.

6. If  the amount in  all,  i.e.,  Rs.3,70,000/-  (Rupees three  

lakh seventy thousand only) plus a further sum of Rs.20,000/-  

(Rupees twenty thousand only) towards other miscellaneous  

charges,  is  not  paid  before 30th April,  2015,  the appellants  

shall not have any right to retain possession of the shop in

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question and the shop shall be handed over by the appellants  

to the respondent-Authority and if Rs.3,90,000/- are paid by  

the appellants within the afore-stated period, needful shall be  

done  by  the  respondent-Authority  for  completing  all  

formalities of the allotment. If the said amount is not paid by  

the  appellants  before  30th April,  2015,  the  respondent-

Authority shall  take possession of the shop in question and  

the amount paid so far by the appellants shall be treated as  

occupation charges of the shop in question.  

7. This order shall not be treated as a precedent, as it has  

been passed in the peculiar facts of this case.

8. The  appeal  stands  disposed  of  as  allowed  to  above  

extent with no order as to costs.

         ………..……………….J      (ANIL R. DAVE)

    …..…………………….J      (SHIVA KIRTI SINGH)

NEW DELHI; FEBRUARY 02, 2015