Full Judgment Text
1
NON-
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5095 OF 2005
Bheemunipatnam Cooperative Building Society Ltd. …
Appellant
VERSUS
The State of Andhra Pradesh & Ors. …
Respondents
O R D E R
1.
On a careful perusal of the record of the present
appeal, we find that an order was passed by this Court
th
of February, 2009 stating therein that the
on 26
2
appellant was willing to accept the terms and
th
conditions stipulated in the Government order dated 4
of February, 1996 (communicated as per letter dated
th
of July, 1996) for allotment of land, which was
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challenged by the appellant in the High Court of
Andhra Pradesh at Hyderabad and after dismissal of
the same before this Court, it was heard by us in
presence of the learned counsel for the parties.
2. Since the appellant has also accepted the terms and
conditions imposed in the Government order under
challenge for allotment, the only question that remains
to be seen is the valuation of the land in question in the
year 1996. A report on behalf of the appellant has
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already been submitted, which was drawn to our
attention by Mr. M.N. Rao, learned senior counsel
appearing on behalf of the appellant. The valuation of
the land in question has been indicated in the said
report and such valuation, as indicated in the report,
has not been objected to by the respondent/State of
Andhra Pradesh.
3. In view of the fact that the terms and conditions
th
of
stipulated in the Government order dated 4
February, 1996 have been accepted by the appellant
before us and the respondent, through their learned
counsel, have also not raised any objection on the
valuation already indicated in the report submitted by
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the appellant, we dispose of this appeal by directing
the State/respondents to allot the land in question after
determining the valuation of land in question on the
basis of such valuation report and on payment/deposit
of such amount by the appellants to the respondents,
the respondents shall allot the land in question within
three months from the date of deposit of the said
amount with the State/respondents.
4. With the above directions, this appeal is disposed of.
There will be no order as to costs.
…………………………..
J.
[ TARUN
CHATTERJEE ]
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New Delhi: ………………………
….J.
October 22, 2009. [DR. B. S.
CHAUHAN ]