LPA No. 133 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 133 of 2010 (O&M) Date of Decision: 02.08.2011 HUDA and another ...Appellants Versus Ashok Kumar Chadha and another ..Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR, HON'BLE MR. JUSTICE GURDEV SINGH, Present : Mr. Anupam Gupta, Advocate, for the appellants. Mr. Ashok Gupta, Advocate, for the respondents. **** 1. Whether to be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest? **** M.M.KUMAR, .J. 1. A calculation sheet prepared by the appellants has been placed on record in respect of SCO No.1, Sector 5, Panchkula. According to the calculation sheet, the total outstanding amount as on 31.07.2011 due to the Haryana Urban Development Authority (HUDA) is ` 60,66,287.18 paise. However, we wish to make it clear that since the present plot is a resumed property, the provision for imposition of penalty for non-construction and grant of period of extension for construction would not be attracted and therefore, the element of penalty on that count needs not to be included in this amount. The parties are ad-idem in so far as the calculation is concerned. We are of the view that no additions are required to be LPA No. 133 of 2010 (O&M) [2] made merely because the property in question is a resumed property and the aforesaid calculation has been considered as final. The aforesaid calculation has been considered as final. 2. Mr. Ashok Gupta, learned counsel for the respondents has handed over four drafts representing a total amount of ` 60,90,700/- and the same are directed to be handed over to Mr. Umesh Sharma, Section Officer (Accounts), Haryana Urban Development Authority who is present in the Court. Mr. Ashok Gupta, learned counsel for the writ petitioner-respondent has handed over those drafts to Mr. Umesh Sharma. The detail of those drafts is as under:- Demand Draft No. Dated Bank Amount A. 005061 01/08/11 IDBI Rs. 20,00,000/- B. 005062 01/08/11 IDBI Rs. 20,00,000/- C. 005056 01/08/11 IDBI Rs. 10,00,000/- D. 425024 01/08/11 Punjab National Bank Rs. 10,90,700/- Total: Rs. 60,90,700/-. A photocopy of each of the drafts has been retained on record as Mark-A (colly). 3. Once the payment of the whole outstanding amount has been made by the writ petitioners-respondents then there is no impediment in setting aside the resumption order and to issue direction to the appellants to handover the possession of the property LPA No. 133 of 2010 (O&M) [3] in question to the writ petitioners-respondents. Accordingly, the resumption order is set aside and we direct that the possession of the property in question be delivered to the writ petitioners-respondents within two weeks from today and they shall be entitled to raise construction over the same in accordance with the allotment letter as well as the relevant rules applicable to the site in question. 4. The appeal stands disposed of in the above terms. 5. A copy of the order be given dasti to the learned counsel for the parties under the signatures of the Special Secretary. (M.M.KUMAR) JUDGE (GURDEV SINGH) 02.08.2011 JUDGE 'ravinder'