IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 3563 OF 2008 DECIDED ON : 19.02.2009 Manju Rani and others ...Petitioners versus HUDA and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Sanjiv Gupta, Advocate, for the petitioners. Mr. Manish Bansal, Advocate, for the respondents. SURYA KANT, J. (ORAL) The petitioners are re-allottees of Booth No. 20, Sector-6, Karnal, S.C.O No. 85, Mahila Ashram Complex, Karnal and S.C.F No.94, Sector-6, Karnal respectively. All these sites have been purchased by them from the original allottees. The record reveals that after payment of 25% of the allotted price and few installments, the petitioners started agitating the imposition of penal/compound interest. It further appears that the original allottees did not pay the due installments being demanded by the respondents along with penal and compound interest and as a result thereto the sites were resumed. The allottees preferred appeals under the HUDA Act. Their appeals were allowed vide order dated 08.05.2007 C.W.P NO. 3563 OF 2008 -2- (Annexure P-17). The Appellate Authority set aside the resumption order, with a direction to the petitioners to given an undertaking to deposit the balance installments along with penalty and interest within 30 days. It is the conceded position that the petitioners failed to honour the orders passed by the Appellate Authority in as much they deposited the dues only in part within the stipulated period. The non-compliance of the Appellate Orders led to the passing of fresh resumption orders. Aggrieved, the petitioners have approached this Court. While issuing notice of motion, a Division Bench of this Court vide order dated 11.03.2008, directed the respondents not to dispossess the petitioners till further orders subject to their depositing the balance dues. Having heard learned counsel for the parties and taking into consideration the fact that the petitioners, as directed by this Court, have deposited the balance amount and are further ready and willing to pay the additional demand, if any, to be raised by the respondents towards penal/compound interest or penalty, the writ petition is allowed. The resumption of Booth No. 20, Sector-6, Karnal, S.C.O No. 85, Mahila Ashram Complex, Karnal and S.C.F No. 94, Sector - 6, Karnal, is set side and the same are directed to be restored in petitioners' favour. However, the respondents are entitled to levy penal/compound interest upon the petitioners for the period after passing of the Appellate C.W.P NO. 3563 OF 2008 -3- Orders till the actual payment of balance amount and the same shall then be communicated to the petitioners at the earliest, who shall then be liable to pay the same within one month from the date of receipt of the said communication. Disposed of. FEBRUARY 19, 2009 (SURYA KANT) shalini JUDGE