SCA/6975/1998 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6975 of 1998 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= NAGINBHAI KARSHANBHAI PARAJAPATI - Petitioner(s) Versus GUJARAT HOUSING BOARD & 2 - Respondent(s) ========================================================= Appearance : MR VINOD H THAKORE for Petitioner(s) : 1, MR YN RAVANI for Respondent(s) : 1 - 2. MS NANDINI JOSHI for Respondent(s) : 2, MR BP DALAL for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 25/11/2008 ORAL JUDGMENT 1. Petitioner has prayed for quashing and setting aside a communication dated 10.9.1997 SCA/6975/1998 2/4 JUDGMENT received from respondent No.1, Gujarat Housing Board, cancelling allotment of a house No.3151 made to the petitioner. 2. At the outset, learned advocate Mr.Thakore for the petitioner submitted that at this stage if the petitioner is refunded the amount paid by the petitioner to respondent No.1 towards the said allotment with reasonable interest, the same would serve the interest of justice. 3. Though it is not in dispute that initially the house was allotted to the petitioner by Gujarat Housing Board, as per the Board, on account of the petitioner not paying the installments regularly, his allotment was cancelled and the same property was allotted to respondent No.3. 4. It is however, not in dispute that the petitioner had over a period of time, paid total sum of Rs.1,17,640/- to the Board which is still SCA/6975/1998 3/4 JUDGMENT lying with respondent No.1. 5. Considering the facts and circumstances of the case and having heard the counsel for the Board also, I find that at least this amount is required to be refunded to the petitioner with simple interest at the rate of 8% from the date of payment till actual refund. 6. Learned Advocate Shri Dalal for respondent No.3 however, submitted that respondent No.3 had made full payment but on account of interim order passed by this Court the house could not be occupied by respondent No.3 and by now the property is completely dilapidated. He stated that it is not sure whether respondent No.3 still is interested in taking possession of such damaged property. In the present petition however, it is not possible for me to resolve this issue leaving it open for respondent No.3 to make choice and thereafter to follow his legal remedies. SCA/6975/1998 4/4 JUDGMENT 7. Under the circumstances, the petition is disposed of with a direction to respondent No.1 to refund the amount of Rs.1,17,640/- to the petitioner with simple interest at the rate of 8% from the date of payment till actual refund is made, which shall be made within four months from today. 8. The petition is disposed of accordingly. No order as to costs. (Akil Kureshi, J.) ... (karan)