Civil Revision Nos. 4965 & 4968 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision:- 30th May, 2011 (1) Civil Revision No.4965 of 2010 Haryana State Industrial Development Corporation Ltd. and another ....Petitioners Vs. Smt. Poonam Gautam ....Respondent (2) Civil Revision No. 4968 of 2010 Haryana State Industrial Development Corporation Ltd. and another ....Petitioners Vs. Ramesh Kumar ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr.Aman Chaudhary, Advocate, for the petitioner. Mr. B.S. Mittal, Advocate, for the respondent (in CR No. 4965 of 2010). Mr. Anish Garg, Advocate, for the respondent (in CR No. 4968 of 2010). A.N.JINDAL, J. This order shall dispose of Civil Revision Nos. 4965 and 4968 of 2010, as common questions of law and fact are involved in Civil Revision Nos. 4965 & 4968 of 2010 2 both the cases. These petitions assail the order dated 14.01.2009 passed by the Civil Judge (Senior Division), Sirsa, whereby two applications filed by the plaintiff-respondents (hereinafter referred as 'the respondents') for ad-interim injunction, were allowed and the order dated 08.04.2010 passed by the District Judge, Sirsa, whereby the appeal against the above said order, preferred by the petitioners, was dismissed. The respondents had filed two different civil suits for declaration and permanent injunction restraining the petitioners from recovering the additional sum of Rs.40,87,746/- (as enhanced amount awarded by the Court). Along with the suits, applications for ad- interim injunction were filed. The trial Court, vide order dated 14.01.2009, allowed the said applications for ad-interim injunction, subject to furnishing of security to the tune of Rs.40,87,746/- each, which have been assessed as additional amount of compensation, within a period of 10 days from the date of order. The defendants- petitioners (hereinafter referred as 'the petitioners') were further restrained from resuming the plot in question and from withholding the issuance of NDC, conveyance deed, completion certificate and non- encumbrance certificate for non-payment of the disputed amount. The said orders were challenged in appeals filed by the petitioners. The District Judge, Sirsa, vide order dated 08.04.2010 dismissed the said appeals. However, the trial Court was directed to dispose of the suits as expeditiously as possible by giving not more than three opportunities to each of the parties. Hence, the present petitions. Learned counsel for the petitioners has referred to the Civil Revision Nos. 4965 & 4968 of 2010 3 judgments delivered in cases Harbinder Bajwa Vs. State of Haryana etc., 1996 (3) PLR 621, Preeta Singh etc. Vs. Haryana Urban Development Authority and other, 1996 (3) PLR 640 and Welfare Association of Sector 7 Plot Owners Vs. H.U.D.A., 2000 (1) PLR 358, in order to contend that the petitioners could enhance the amount on account of enhancement of the land compensation, even though no such enhancement in compensation had taken place after allotment of the plot to the respondent and such recovery could be effected even after issuance of the allotment letters. To the contrary, learned counsel for the respondents have placed reliance on the judgment of the Hon'ble Supreme Court in case Haryana Urban Development Authority and another Vs. Ranjan Dhamina, 1997 (2) PLJ 355, in order to contend that enhancement of the prices of the plot after issuance of the final allotment letter is not permissible. Therefore, they have sought for dismissal of the present petition(s). Arguments heard. As regards the injunction qua recovery of the enhanced amount, it may be observed that the rights of the petitioners stand safeguarded in as much as the respondents were directed to furnish security for payment of the enhanced amount. The security appears to have been furnished. As regards resumption of the plot, since the respondents have already paid the requisite sale consideration regarding the plots and the dispute is only with regard to the enhanced compensation, therefore, it would not be appropriate for the petitioners to resume the plots during the pendency of the suits. Civil Revision Nos. 4965 & 4968 of 2010 4 As regards the issuance of no objection certificate, conveyance deed, completion certificate and non-encumbrance certificate are concerned, since the petitioners have raised a claim of huge amount i.e. Rs. 40,87,746/- each, therefore, in the absence of decision qua the liability of payment of the said amount, the respondents cannot be given liberty to deal with the property in any manner, they like. Therefore, certainly the no objection certificate, conveyance deed and non-encumbrance certificate could be issued only after the property is free from any debt. Resultantly, the present petitions are partly accepted to the extent that the impugned orders qua issuance of no objection certificate, conveyance deed, completion certificate and non- encumbrance certificate, are set aside. However, in view of the fact that respondent(s) have already furnished the security for amount, so claimed by the petitioners, therefore, the petitioners would not resume the plots and recover the alleged amount till the liability is determined by way of the suits. Civil Revision Petition Nos. 4965 & 4968 of 2010 stand disposed of accordingly. (A.N. JINDAL) JUDGE May 30, 2011 ajp