CWP No.14691 of 2007 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14691 of 2007 Date of decision: February 4, 2009. Surinder Singh ...Petitioner(s) v. The State of Punjab & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Gagandeep Singh, Advocate for the petitioner. Shri G.S. Attariwala, Additional Advocate General, Punjab Shri R.S. Rai, Senior Advocate, with Shri Rajeev Anand, Advocate, for respondent(s) No.2. ORDER Surya Kant, J. - (Oral): The petitioner seeks quashing of various notices (Annexures P- 7 to P-10, P-12, P-14 and P-18) served upon him by the Improvement Trust, Batala asking him to deposit the balance of the sale price along with penal interest. The petitioner also seeks a direction to the Improvement Trust for removal of the unauthorized encroachments made by his neighbour in front of Shop No.16 in the corridor of New Guru Nanak Market, Shastri Nagar, Batala. CWP No.14691 of 2007 -: 2 :- While issuing notice of motion, a Division Bench of this Court permitted the petitioner to pay the entire outstanding amount along with interest @ 12% per annum. In deference thereto, the petitioner has paid a sum of Rs.4,77,355/- on January 6, 2009. Learned Counsel for the Respondent – Improvement Trust, on instructions from Shri Gurnam Singh, Executive Officer who is present in court, submits that sewerage and electricity facilities have already been provided to the petitioner and other allottees way back in the year 1996. As regards the provision for water supply, learned counsel submits that the said facility is also available in the aforementioned area and the petitioner, if so desires, can be provided an exclusive water supply connection at his own expenses. Having heard Learned Counsel for the parties and taking into consideration the totality of the circumstances, I am of the considered view that the respondent – Improvement Trust cannot be permitted to charge penal interest from the petitioner, who has already paid the outstanding dues along with interest @ 12%. Consequently, the Trust is directed that if anything is found due from the petitioner towards the allotment price and/or interest @ 12% per annum, a notice regarding the same may be issued to the petitioner, who shall deposit such dues within a period of one month from the date of receipt of such notice. Thereafter, a no dues certificate shall be issued in his favour. The only left out grievance pertains to the alleged encroachment made by the owner of Shop No.16 in the corridor of the New Guru Nanak Market, Shastri Nagar, Batala. Learned Counsel for the CWP No.14691 of 2007 -: 3 :- Respondent – Improvement Trust submits that the above mentioned owner has filed a civil suit in the court of learned Additional Civil Judge (Senior Division), Batala and has obtained some ad-interim injunction due to which the encroachment cannot be removed. In this view of the matter, the learned Additional Civil Judge (Senior Division), Batala is directed to decide the ad-interim application, if any, moved by the above mentioned owner in all circumstances before 30th April, 2009, even if so required to take up the said application on day-to-day basis. No unreasonable adjournment shall be granted to the counsel for the plaintiff or the defendants. A compliance to that effect shall be sent to this Court. February 04, 2009. [ Surya Kant ] kadyan Judge