High Court of DelhiW.P.(C)/4893/2014

Ramesh Periyasamy v. Delhi Urban Shelter Improvement Board, Govt. Of NCT Of Delhi, Through Chairman

2016-03-17Hon'Ble Mr. Justice Manmohan2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4893/2014 RAMESH PERIYASAMY ..... Petitioner Through Mr.Deepak Pathak, Advocate.

versus DELHI URBAN SHELTER IMPROVEMENT BOARD, GOVT. OF NCT OF DELHI, THROUGH CHAIRMAN ..... Respondent Through Mr.Parvinder Chauhan, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 17.03.2016 Present writ petition has been filed challenging the demand notice dated 19th June, 2014 issued by the Delhi Urban Shelter Improvement Board (hereinafter referred to as „DUSIB‟). Briefly stated the facts of the present case are that the petitioner claims that he is a bona fide purchaser of a property bearing no.13-D, Block-4, Sarai Kale Khan-1, New Delhi. It has been averred in the petition that the petitioner had purchased the property on representation that the purchase consideration for the same had been paid by the original allottee/seller. In the writ petition, it is further stated that the petitioner subsequently learnt that no instalment had been paid after 2000.

The grievance of the petitioner is that no demand has been

raised by the respondent with regard to the property after 2000 and in the circumstances, he remained unaware.

Learned counsel for the petitioner states that on 6th August, 2014, the petitioner was willing to pay the entire principal due and interest, but he requested the respondent for waiver of penalty and interest. During the course of the proceedings, the petitioner has paid to the respondent/DUSIB a sum of Rs.1 lakh.

Today during the hearing, it is agreed between the parties that the respondent/DUSIB shall raise a revised demand on or before 10th April, 2016 after levying interest @ 7% on the principal outstanding sum of Rs.6,42,000/- It is further agreed between the parties that the aforesaid outstanding amount shall be paid by the petitioner within a period of four weeks thereafter. In the event, the aforesaid amount is paid within a stipulated period of four weeks, the petitioner shall be free to apply for conversion and the said request shall be considered by the respondent/DUSIB in accordance with the law. With the aforesaid directions, the present writ petition stands disposed of.

MANMOHAN, J MARCH 17, 2016 KA