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 C.W.P. No.19544 of 2008 -3- 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