Coop. Buld. Society Ltd. Vs. State of A.P. & Ors.  INSC 1668 (22
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL
APPEAL NO.5095 OF 2005 Bheemunipatnam Cooperative Building Society Ltd. ...
VERSUS The State of Andhra Pradesh & Ors. ...
On a careful perusal of the record of the present appeal, we find
that an order was passed by this Court the on 26 of February, 2009 stating
therein that the 2 appellant was willing to accept the terms and the conditions
stipulated in the Government order dated 4 of February, 1996 (communicated as
per letter dated the 12 of July, 1996) for allotment of land, which was
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.
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 3 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.
In view of the fact that the terms and conditions the stipulated
in the Government order dated 4 of 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 4 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.
With the above directions, this appeal is disposed of.
will be no order as to costs.
................................J. [ TARUN CHATTERJEE ]
October 22, 2009.