C.W.P. No.19544 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No.19544 of 2008
Date of decision:04.08.2009.
Shri Krishan Kumar Arora ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr. Ashok Sehgal, Advocate,
for the petitioner.
Mr. Anil Sharma, Addl. A.G., Punjab,
for respondent No.1.
Mr. L.S. Virk, Advocate,
for respondent Nos.2 and 3.
*****
JASBIR SINGH, J. (ORAL).
This writ petition has been filed with a prayer to quash
order dated 04.06.2008 (P-5), vide which plot bearing No.D-23, PDA
Omaxe City, Patiala, was cancelled, for non deposit of 15% amount
towards sale consideration.
Counsel for the parties heard.
It is an admitted fact that the petitioner was allotted that
plot, on 09.01.2008 for a sum of Rs.17,50,000/-. Petitioner deposited
an amount of Rs.1,75,000/-, corresponding to 10% of the sale
consideration, with respondent No.4. As per terms and conditions of
the allotment letter, he was required to deposit 15% amount of the sale
consideration, on or before 23.01.2008.
It is contention of counsel for the petitioner that, due to
miscalculation regarding number of days, he approached the authorities
C.W.P. No.19544 of 2008 -2-
concerned, for deposit of 15% amount, on 24.01.2008. The amount
was not accepted because the same was offered after the cut of date.
To show, that money was available with the petitioner for
payment, reference has been made to account statement (P-4) which
indicates that an amount of Rs.13,54,201/- was lying deposited, in
saving bank account of the petitioner, in Oriental Bank of Commerce at
Patiala. Above said fact clearly shows that the petitioner was in a
capacity to pay the due amount. It is further case of the petitioner that
thereafter, he approached the authorities on several dates, however,
amount was not accepted. Ultimately, he issued a legal notice on
06.06.2008 (P-2), with a request to the authorities that amount, towards
price of the plot, be accepted. However, before that date, without any
notice to the petitioner, plot was resumed on 04.06.2008 (P-5).
This Court feels that on account of non-issuance of notice,
before cancellation of the plot, order in question can not be sustained.
Further more, nothing has been discussed, regarding capacity/ability of
the petitioner to pay amount in question, when order Annexure P-5 was
passed.
Be that as it may, counsel for respondent Nos.2 and 3 very
fairly states that to condone delay, in making the payment of amount
towards sale consideration, respondents have framed a policy. Against
surcharge and interest, period to deposit the amount can be extended.
Counsel further states that if the petitioner is ready to deposit the entire
15% amount of the sale consideration, along with 3% surcharge and
penal interest at the rate of 18% per annum on the amount in question,
then the respondents shall have no objection to restore the plot, to the
petitioner.
Counsel for the petitioner states that entire 15% amount of
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sale consideration, along with 3% surcharge and penal interest @ 18%
per annum, shall be paid, within 15 days from today.
It is contention of counsel for the petitioner that the
petitioner be not burdened with penal interest, up to date, for only one
day’s delay, in making the payment. This prayer has been opposed.
Be that as it may, this Court feels that penal interest and
surcharge is payable by the petitioner, only upto the date when he
served legal notice upon the respondents i.e. 06.06.2008.
In view of undertaking given by the petitioner to deposit the
amount, as mentioned above, cancellation order dated 04.06.2008 (P-5)
is set aside. Authorities are directed to re-allot of the plot to the
petitioner, on deposit of amount to be paid by him.
Disposed of.
Copy of this order be supplied to counsel for the parties,
under signatures of the Reader of this Court, for compliance.
August 04, 2009. ( JASBIR SINGH ) vinod JUDGE