WP(C) 2772/2011. Gauhati High Court
| Case Number | WP(C) 2772/2011 |
| Judgement Date | May 16, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM : NAGALAND : MI ZORAM & ARUNACHAL PRADESH)
WP( C) 2772/ 2011
Sri Biswajit Goswami
……..Pet it ioner
- VERSUS -
The State of Assam & Ors.
BEFORE
HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA
Advocate for the petitioner :-Mr. T.J. Mahanta, Senior Counsel Advocate for the Respondent Nos. 4 & 5:- Mr. B.D. Das, Senior Counsel Advocate for the Respondent Nos. 1 to 3 and 6 to 9:- Mr. D. Nath
Advocate for the Respondent No. 10:- Mr. Talukdar
Date of Hearing & Judgment : 16.05.2017
JUDGMENT & ORDER ( ORAL)
Heard Mr. T.J. Mahanta, learned senior counsel appearing for the petitioner. Also heard Mr. B.D. Das, learned senior counsel for the respondent Nos. 4 and 5 as well as Mr. D. Nath, learned Addl. Senior Govt. Advocate appearing for the respondent Nos. 1, 2, 3, 6, 7, 8 and 9 and Mr. Talukdar, learned counsel appearing for the respondent No.10.
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I n the year, 1999, the respondent No.4 being the Assam State Cooperative Housing Federation Society Ltd., (in short Housefed) had invited an application for allotment of certain plots of land at Juripar in Guwahati under the Beltola Mouza. The procedure was that the Housefed initially purchased a compact plot of land measuring 12 bighas 1 katha 14 lechas Dag Nos. 388, 389 and 392 (New 609) and Patta No.90, 119 (new 579) at village Dwarandha under Beltola Mouza from its original owners. Thereafter, certain developments were undertaken over
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………Respondents
the plot of land and the purchased plot of land was divided into 30 plots by providing connecting and internal roads.
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According to the terms, the petitioner deposited an amount of Rs.1,00,000/ - (Rupees One Lakh) as the registration cum booking amount. Thereafter, the petitioner was informed that the cost of land was fixed at Rs. 140 per. Sq.ft and accordingly, by the letter dated 30.08.2001, the petitioner was required to pay a value of the land. As per the letter dated 11.03.2002 of the respondent Housefed, the petitioner was required to pay a total cost of Rs.4, 67,300/ - (Rupees Four Lakh Sixty Seven Thousand Three Hundred) Only. Ultimately, as per the arrangement between the parties, the petitioner was required to pay a total amount of Rs.4,50,930/ - (Rupees Four Lakh Fifty Thousand Nine Hundred Thirty), being the full and final payment in consideration of the plot of land to be allotted to him. Thereafter, upon payment of the entire amount, the plot No.21 measuring 3328.07 sq.ft was...
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