C.W.P NO. 4351 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 4351 OF 2009 DECIDED ON : 20.03.2009 Naresh Kumar and another ...Petitioners versus HUDA and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Rajinder Goyal, Advocate, for the petitioners. SURYA KANT, J. (ORAL) Notice of motion. Ms. Kamla Malik, Advocate, accepts notice on behalf of the respondents. In view of the nature of order which I propose to pass, there is no necessity to seek any counter-affidavit from the respondents. The petitioners seek quashing of the notice dated 12.12.2007 (Annexure P-5) whereby they have been asked to deposit a sum of Rs. 3,81,937/- and Rs.1,71,192/- towards the installments/interest on installments/ enhancement/ interest on enhancement/ extension fee in respect of shop site No.434, Sabzi Mandi, Cheeka. C.W.P NO. 4351 OF 2009 -2- The subject plot was allotted to Smt. Darshana Devi- mother of the petitioners, in an open auction held in the year 1990. It appears that after payment of 25% of the auction price, no installment whatsoever was paid by her till her death on 11.01.1994. Even thereafter also, the petitioners claim to have deposited a sum of Rs. 29,200/- plus Rs.1000/- only on 18.09.2006. Instead of transferring the plot in petitioners' favour, the respondents have served them with the impugned notice(s), calling upon the petitioners to deposit the due installments. Aggrieved, the petitioners have approached this Court primarily on two accounts. Firstly, it is urged that no penal or compound interest is chargeable as per the agreed terms and conditions of the allotment letter. Secondly, the petitioners seek a direction for transfer of the plot in their names. Having heard learned counsel for the parties at some length, I am of the considered view that the plot can be transferred in the petitioners' name only after deposit of the outstanding dues. So far as the petitioners' claim for non- charging of penal or compound interest is concerned, the same has been effectively answered by this Court vide order dated 17.02.2009 passed in C.W.P No. 13231 of 2007 (Satpal vs. HUDA and another). Incidentally, that case pertains to Plot NO. 435 i.e adjoining to the plot allotted to the mother of the petitioners. The writ petition is accordingly disposed of in terms of the order dated 17.02.2009 in Satpal's case (supra)with a C.W.P NO. 4351 OF 2009 -3- direction to the respondents to re-determine the petitioners' liability and issue a fresh notice to them demanding the entire arrears along with interest and grant one month's time to them to deposit the same from the date of receipt of the notice, failing which, the respondents shall be at liberty to proceed against the petitioners. Disposed of. MARCH 20, 2009 (SURYA KANT) shalini JUDGE