WP/20438/2001 of Dr.D.Rajasekhar Reddy Vs Vishakapatnam Urban Developmetn Authority on 29 December 2006

ORDER:

Heard both the counsel.

The present Writ Petition is filed for the Writ of Mandamusdeclaring the action of the repondent in insisting the petitioner to payan amount of Rs.1,41,600/- more towards development costs withpenal interest of Rs.1,72,400/- through proceedings dated 6.9.2001 inRC.No.2/208/96/EM.I as illegal, arbitrary and violative of Article 14 and300A of the Constitution of India and Section 27 read with Section 28of the Andhra Pradesh Urban Areas Development Act, 1975 andconsequently, direct the respondent to register the plot no.208 in thecategory ‘C’ of the extent of 600 sq. yards in Rishikonda, Visakhapatnam in favour of the petitioner and to pass such othersuitable orders.

This Court in W.P.M.P.No.25770 of 2001 while issuing Rule Nisi in the Writ Petition on 03.10.2001 made the following order:- “Ms.Sumalini Reddy, learned Standing Counsel takesnotice on behalf of the respondent and requests three weekstime for counter Pending further orders, the respondent is directed not tocancel the allotment of Plot No.208 in the category ‘C’ of anextent of 600 sq. yards in the Rishikonda, Visakhapatnam,subject to the condition of the petitioner depositing simpleinterest at the rate of 18% p.a. on the amount payable at therate of Rs.99/- per sq. yard within four weeks from today.

Notice.”

It is stated by learned Standing Counsel Preeti Reddy that theorder had been complied with. It is also brought to the notice of thisCourt that similar Writ Petition No.644 of 1997 was disposed of by thisCourt by order dated 18.09.1997.

Several factual details are narrated in paras 2 to 9 of the affidavitfiled in support of the Writ Petition. Inasmuch as of the similarcircumstances, W.P.No.644 of 1997 had been disposed of by thisCourt. Taking the over all facts and circumstances, this Court isinclined to dispose of the present Writ Petition in the following terms:- The respondent is directed to modify the impugned demand bycharging simple interest at the rate of 18% per annum on only thedevelopment cost payable at Rs.99/- per sq. yard outstanding from thepetitioner from 30.09.1989 until the actual date of payment. If anyamount has been already paid earlier, the interest will be calculatedonly up to the date of the actual payment. If any outstanding amount isthere even today, interest will continue to run on the outstandingamount until the entire balance is paid.

Accordingly, the Writ Petition is partly allowed to the extent indicated above. No order as to costs.

VV

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(P.S.NARAYANA,J)