PER JUSTICE R.C. JAIN (ORAL) 1. We have heard Mr. Mahabir Singh, Senior Advocate assisted by Brig. M.L. Khatter, Advocate, representing the M.P. Housing Board and attorney of the complainant Sqn. Leader Anand Vikram Pethia, in these revision petitions and have considered their submissions. 2. The case has a somewhat checkered history. This is the second round of litigation before this Commission, the matter having been earlier decided by this Commission vide an order dated 04.11.2009 passed by this Commission. The said order has become final as neither party challenged the same. However, when it came to the execution of the said order, the opposite party-M.P. Housing Board took up the plea that the 1 km. jogging track, as was envisaged and as directed, could not be prepared as it was not feasible to do so, the entire land earmarked for the society having been utilized, and no land left in the -3- periphery to construct the 1 km. long jogging park. However, it is pointed out that a jogging park of a lesser area i.e. approximately 350 sq. meters has been carved out and is available on the spot. That apart, a proposal marked as Annexure-A has been made from the site of the opposite party-M.P. Housing Board to provide certain machineries and heath equipment relating to gym at a cost of Rs.5.00 Lakhs approximately in lieu of deficient length of jogging track. 3. Attorney of the complainant Squadron Leader Anand Vikram Pethia states that in view of the non-feasibility of the jogging track of 1 km. length, he under instructions is prepared to accept a sum of Rs.5.00 Lakhs, which may be given to the Residents Welfare Association of the flat owners of the Platinum Park, in addition to the proposal of making available the further machineries and health equipment in the gym. 4. Mr. Mahabir Singh, Sr. Advocate, learned counsel for the opposite party-M.P. Housing Board, under instructions states that a sum of Rs.2,17,000/- has been deposited in the District Forum in compliance with the directions of the National Commission. 5. Having noted down the above submissions of both the parties and realizing that it is not feasible to provide a jogging track of 1 km. long -4- and that a track of 350 sq. meters has already been provided and further that the opposite party-M.P. Housing Board has undertaken to provide machineries and health equipments worth Rs.5.00 Lakhs, as has been shown in Annexure-A, we direct that the opposite party-M.P. Housing Board shall provide the machineries and health equipments mentioned in Annexure-A within a period of two months from today. Besides that the sum of Rs.2,17,000/- lying in the District Forum shall also be disbursed in favour of the Residents Welfare Association of Platinum Park forthwith. The amount received by the Residents Welfare Association shall be utilized for the welfare activities of the association. This arrangement we consider appropriate in the entirety of facts and circumstances of the case. The order of the State Commission stands modified in the above terms. 6. The revision petitions stand disposed of in the above terms. | 
