Land Allotment Dispute: Supreme Court Resolves Ghaziabad Development Authority Case

The case of Mohini Dang vs. State of U.P. & Ors. revolves around a long-standing dispute concerning land allotment by the Ghaziabad Development Authority (GDA). The Supreme Court was tasked with determining a fair resolution after years of delays and changes in land valuation.

Background of the Case

The dispute originated when the appellant, Mohini Dang, was allotted Plot No. 54 on Ambedkar Road by the Ghaziabad Development Authority in 1986. At that time, the price of the land was fixed at Rs. 2,000 per sq. meter, and the total area of the plot was 175 sq. meters. The appellant made the necessary payments amounting to Rs. 3,19,375. However, over the years, several complications arose, leading to the current legal battle.

On September 24, 2013, the GDA attempted to return the money with interest, effectively canceling the allotment. However, due to certain complications and ongoing litigation, the appellant did not receive the refunded amount.

Arguments by the Petitioner (Mohini Dang)

The petitioner presented the following arguments:

• Unfair Cancellation: The appellant argued that the cancellation of the plot after nearly three decades was arbitrary and unjust.
• Failure to Deliver Possession: Despite making full payment, the GDA failed to hand over the plot, depriving her of its use.
• Need for Equitable Relief: Given the passage of time and rising land prices, returning the original amount with interest was inadequate compensation.

Arguments by the Respondents (Ghaziabad Development Authority)

The Ghaziabad Development Authority defended its actions, stating:

• Policy and Planning Changes: Due to urban development requirements, the original plot was no longer available.
• Refund of Payment: The authority attempted to return the amount paid by the appellant, along with interest.
• Alternative Plots Available: The GDA stated that it was willing to offer a new plot in compensation.

Supreme Court’s Observations

The Supreme Court, led by Justice Kurian Joseph and Justice Mohan M. Shantanagoudar, examined the case and sought a fair resolution.

“It is only just, fair, equitable, and complete justice between the parties that as far as the actual land value is concerned, the appellant is required to pay the present rate only for the land in excess of 175 sq. meters.”

During the hearing, the Court inquired whether any vacant plots of equivalent or larger size were available. The GDA informed the Court that two plots had been set aside from auction, and the appellant was free to choose one.

Final Judgment

The Supreme Court ruled:

• The appellant opted for Plot No. AC-15 on Ambedkar Road, measuring 207.11 sq. meters.
• The present market rate of land was Rs. 61,500 per sq. meter.
• The appellant was required to pay the current rate only for the excess land beyond the originally allotted 175 sq. meters.
• Other charges, such as development costs, would be calculated based on the present market rate.
• The amount offered as a refund in 2013 would be adjusted against the final payment.

The Court directed:

• The appellant must submit the original allotment documents to the GDA.
• The GDA must furnish a fresh calculation within one month based on the Court’s order.
• The appellant must remit the balance amount within two months of receiving the final calculation.

The Supreme Court modified the High Court’s ruling and concluded:

“The impugned judgment will stand modified to the above extent, and the appeal is, accordingly, allowed as above.”

Petitioner Name: Mohini Dang.
Respondent Name: State of U.P. & Ors..
Judgment By: Justice Kurian Joseph, Justice Mohan M. Shantanagoudar.
Place Of Incident: Ghaziabad, Uttar Pradesh.
Judgment Date: 10-05-2018.

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