COCP No. 2136 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 2136 of 2010 (O&M) Date of decision:- 16.11.2010 Shiv Ram Bandlish and ors ......petitioners vs. Sh. M.P.Shahi and another ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Ashok Gupta, Advocate for the petitioners HEMANT GUPTA, J (ORAL) Petitioners are the allottees of the flats constructed by Haryana Housing Board. The petitioners invoked the writ jurisdiction of this Court pointing out that the houses are not in a habitable state and that they are not liable to pay installments before the amenities are provided. The writ petition filed by the petitioners was allowed by this Court on 4.2.2010 whereby the petitioners who have not paid their installments were permitted to pay installments due with 6% interest and to secure the no objection certificate for the purpose of execution of the sale deed. In pursuance of the said direction, notice has been issued to the petitioner No. 1 on 28.5.2010 (Annexure P-5) wherein a sum of Rs. 80124/- is claimed from the petitioner towards the balance payment. Petitioners have attached the calculation sheet and also a copy of the notice and the reply submitted by respondents giving the details of the calculations. The perusal of the calculation sheet shows that the interest @ COCP No. 2136 of 2010 -2- 6% has been charged on the amount of installments but in respect of enhanced land compensation (ELC), the respondent-Housing Board has claimed the interest @ 15%. The grievance of the petitioners is that the calculation of interest on enhanced land compensation @ 15% is in violation of the order passed by this Court and therefore, the respondents are liable to be proceeded under the Contempt of Courts Act, 1971. The order passed by this Court is specific in respect of payment of installments @ 6% rate of interest. The installments have been calculated with interest @ 6%. The claim of interest @ 15% or 6% in respect of enhanced land compensation is a subject matter of interpretation of the order passed by this Court. Since, the order passed by this Court is capable of being interpreted in the manner done by the respondents, therefore, I do not find any case is made out for initiation of the contempt proceedings. Dismissed. (HEMANT GUPTA) JUDGE 16.11.2010 preeti