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1996 Supreme(SC) 831

G.B.PATTANAIK, K.RAMASWAMY
Preeta Singh – Appellant
Versus
Haryana Urban Development Authority – Respondent


ORDER

Delay condoned.

Leave granted in the Special Leave Petition.

2. The question that arises for consideration is: whether the respondents have committed any illegality in directing the appellants to pay a sum of Rs. 1 lakh and odd as additional amount as intimated in their calculation memo dated August 9, 1990? The claim of the appellants is that the respondents have no power to direct payment of the additional amount when the appellants have already paid as per the original demand. It is true that initially, the provisional amount was calculated at the rate of cost incurred in the scheme known as the Haryana Urban Development Housing Scheme in Sector 21, Gurgaon. Thereafter, the appellants were called upon to pay the additional amount. The contention is that the respondents have got no power to call upon the appellants to pay the additional amount.

3. Section 2(aa) of the Punjab Urban Estates (Sale of Sites) Rules, 1965 defines "additional price" to mean such sum of money as may be determined by the State Government, in respect of the sale of a site by allotment, having regard to the amount of compensation by which the compensation awarded by the Collector for the land acquired







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