IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 1847 of 1985 (O&M) Date of Decision: 23.8.2010. Dharam Dass Falwaria --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Ms. Deepali Puri, Advocate for the petitioner. Mr. R.D. Sharma, D.A.G., Haryana for respondent no.1. Mr. Aman Chaudhary, Advocate for respondents no.2 & 3. *** PERMOD KOHLI.J (ORAL) Briefly stated the facts leading to the filing of this petition are that an advertisement was issued by the H.U.D.A for allotment of industrial plots at Bahadurgarh in the year 1976. The petitioner applied for allotment of industrial plot of 2000 square yards and also enclosed a cheque of Rs. 4,000/- towards the earnest money being 10% of the fixed price. The application of the petitioner was accepted vide memo dated 18.2.1977 by the Estate Officer. On 27.4.1977 an industrial plot bearing no.2816 in Phase-I measuring 2000 square yards was allotted to the petitioner @ Rs.20/- per square yard vide allotment letter dated 20.4.1977. Petitioner was required to deposit an amount of Rs. 6043/- and balance amount of Rs.32,000/- either in lump sum within 30 days or 10 annual installments with 10% interest. Petitioner deposited an amount of Rs.1,000/- on 28.2.1978. He was informed by the Estate Officer vide letter dated 20.3.1978 that plot allotted to him has been re-numbered as 2391 without changing the situation. Petitioner was asked to deposit an amount of Rs. CWP. No. 1847 of 1985 (O&M) -2- 10,307.35 vide letter dated 19.6.1978. The petitioner, however, deposited amount of Rs. 5632.75/- & 4674.60/-in two installments vide receipt Nos. 79 & 81 dated 10.9.1979. The petitioner requested for possession. He was asked to take possession vide letter dated 3.10.1979. At this stage it was found that plot no.2391 was in possession of another person and is under litigation. In the meantime, the petitioner was informed that he has been allotted another plot bearing no.3581 instead of plot no.2391 vide letter dated 20.9.1979 with all other conditions remaining same. Petitioner, however, refused to accept this plot, the same being in the back side of the industrial area. He accordingly requested for allotment of another plot. Petitioner was asked to make choice out of two plots no.1 and 2. Petitioner selected plot no.2, however, it was later found that plots no.1 & 2 had already been allotted to M/s Raghunath Industries by the Govt. The petitioner was again informed that plot no.3 is vacant and could be allotted to him. He readily accepted the offer. Respondent no.3 vide his letter dated 16.5.1983 allotted this plot no.3 to the petitioner, however, he was asked to pay the cost of price @ Rs. 67/- per square yard. Petitioner was further informed to deposit an amount of Rs. 33,500/-. On further clarification he was asked to deposit only Rs. 28,825/- instead of Rs. 33,500/-. This amount was deposited by the petitioner under protest on 15.6.1983. The petitioner was required to pay the installments of the balance amount @ Rs. 67/- per square yard with interest @ 12% vide letter dated 2.12.1983 (Annexure P- 8). Petitioner was formally allotted plot no.3 measuring 2000 square yards and asked to pay Rs. 1,34,000/- @ Rs.67/- per square yard. Possession of the plot was delivered to the petitioner vide letter dated 15.12.1983. Petitioner has, accordingly, filed this petition for a direction for quashing CWP. No. 1847 of 1985 (O&M) -3- the demand @ Rs. 67/- per square yard and the interest @ 12%. Mr. Aman Chaudhary, learned counsel appearing for the respondents was asked to seek instructions from the respondents regarding the rate of interest. Respondents were suggested to charge interest @ 6%. This suggestion has not been agreed to. However, the respondents are willing to charge interest @ 12% on the outstanding amount. In view of the above, this petition is disposed of with a direction to the respondents to charge simple interest @ 12% on the outstanding amount. The petitioner has agreed to deposit the amount within a period of one month. The respondents will communicate the outstanding amount and simple interestt calculated thereon @ 12% within a period of one month. On receipt of this demand, petitioner shall deposit the entire outstanding amount within a period of one month thereafter. (PERMOD KOHLI) JUDGE 23.8.2010. lucky