IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8662 of 2008 Date of decision: 08.09.2011 Balaji Co-operative Group Housing Society …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Arun Jain, Senior Advocate with Mr.Amit Jain, Advocate for the petitioner Ms.Palika Monga, DAG Haryana Mr.Ninesh Nagar, Advocate for respondent Nos.2 and 3 Mr.Raman Gaur, Advocate Jasbir Singh, J. (Oral) This order will dispose of two writ petitions bearing Nos.8662 of 2008 and 11158 of 2009, involving similar question of law and facts. For facility of reference, facts are being mentioned from CWP No.8662 of 2008. The petitioner is a Cooperative Group Housing Society. To the petitioners in both these writ petitions and to eight other similarly situated societies, plots were allotted on 26.3.1999. The petitioner and other societies deposited 25% of the price of the plot and rest of the payment was to be made as per the schedule given by the Civil Writ Petition No.8662 of 2008 authorities. Letter of allotment was issued on 28.9.1999. Possession of the plot was offered to the society on 23.4.2001. It is case of the petitioner that basic amenities were not provided at the site, the petitioner society made requests to provide those facilities vide letters dated 24.10.2000, 3.12.2001 and 26.3.2002, however, failed to get any result. In the process, petitioner in both the writ petitions, including eight others, to whom plots were allotted, failed to deposit the remaining 75% of the price for the plots. The petitioner’s plot was resumed on 7.1.2002 on account of the non-payment of the installments. Similar order was passed so far as other societies are concerned. The matter went in appeal and revision. So far as the other societies are concerned, at the level of the appellate authority/ revisional authority, their plots were restored subject to payment of balance amount towards price and interest etc. Regarding the petitioners in both the writ petitions, inspite of making an offer to pay the balance amount and also putting on record demand draft/ cheque for an amount of Rs.65 lac and Rs.35 lac respectively, their prayer was not accepted and resumption order was made final. Despite as above, the competent officer had said that the petitioner had not shown any intention to make payment of the dues and accordingly appeal and revision were dismissed. Hence, these writ petitions. At the time of arguments, it has also been brought to the notice that in the case of the Prem Co-operative Group Housing Society Limited, to that society, a plot was also allotted in the year 1999 when an allotment was made to the petitioner, the plot was resumed, however, the site was restored vide order dated 15.7.2011 (photocopy of the order has been shown to us at the time of arguments). Vide that order, on realization of the balance amount with interest and by 2 Civil Writ Petition No.8662 of 2008 imposing penalty of an additional amount of Rs.5 lac, the resumption order was set aside. At the time of hearing of these writ petitions, on 17.2.2009, following order was passed by this Court:- “On 21.5.2008, this Court had issued notice of motion after taking notice of the submission made on behalf of the petitioner that it is ready to pay the current market price of the land in question. Though, the respondents have filed the counter-affidavit, however, no specific stand in this regard has been taken. Consequently, while adjourning the case to 21.5.2009, it is directed that the petitioner Society may approach the Estate Officer, HUDA, Faridabad, within two weeks who shall then determine the market price of the land and inform the petitioner. It shall be thereafter decided on the adjourned date as to whether or not the allotment of plot in question should be restored in favour of the petitioner on the said current market price. Dasti on payment of usual charges.” Thereafter, some calculation was made, which was not as per the rules. Taking note of the same, on 17.7.2009, following order was passed by this Court:- “Vide order dated 21.5.2009, the Estate Officer, HUDA at Faridabad was directed to re-calculate price of the plot allotted to the Group Housing Societies. Mr.Nagar has put on record a communication addressed by the Estate Officer, HUDA, Faridabad to President of the Society, showing that price of the plot is fixed Rs.7500/- per sq.yards. To the contrary, counsel for the petitioner has shown a document, alleged to have been down-loaded from website of 3 Civil Writ Petition No.8662 of 2008 the HUDA, showing different price of the plots allotted to another Group Housing Society. Counsel for the petitioner is directed to supply one copy of the down loaded page to Mr.Nagar. Adjourned to 24.9.2009. Directions are issued to the respondent-Estate Officer to clear this ambiguity and file an affidavit stating that price has been calculated taking note of facts supplied by the petitioner or that there is some subsequent order fixing different price of land for allotment to a Group Housing Society. Needful be done before the next date of hearing. Copy of the order be supplied dasti to Mr.Nagar for necessary compliance.” Thereafter, on 22.7.2011, it was observed as under:- “The respondents are directed to file an affidavit after calculating the amounts payable in terms of the allotment letter. Counsel for the petitioner undertakes to pay the amount so calculated and also to pay any other amount that this court may determine. Adjourned to 8.8.2011. Dasti A photostat copy of this order be placed on all the connected files.” 4 Civil Writ Petition No.8662 of 2008 In response thereto, an affidavit dated 24.8.2011 has been filed by Bir Singh Kaliraman, HCS, Estate Officer, HUDA, Faridabad. The contents of the affidavit read thus:- “That the afore mentioned petition is fixed for hearing on 26.8.2011. On July 22, 2011 counsel for the petitioner during the hearing made a submission before this Hon’ble Court that petitioner is ready to pay the amount in terms of allotment letter and any other amount which this Hon’ble Court may determine. This Hon’ble Court in view of the above directed respondents – HUDA to file an affidavit after calculating the amounts payable by the petitioner in terms of the allotment letter. 2. That in compliance of orders of this Hon’ble Court dated 22.7.2011 office of deponent calculated the amount payable in terms of the allotment letter dated 10.1.2000 (Annexure P-1). The account statement prepared by the accounts branch of Estate Officer, HUDA, Faridabad is annexed herewith as Annexure R- 4/1. As per the account statement an amount of 2,33,92,030/- is payable by the petitioner society calculated upto 31.8.2011 in compliance of orders of this Hon’ble Court. 3. That the petitioner society was allotted Group Housing Site No.08, Sector 45, measuring 4000 sq.mtrs. Faridabad vide allotment letter dated 28.9.1999. The possession was offered on 29.3.2000 as the required 5 Civil Writ Petition No.8662 of 2008 development works already stands completed before year 1999. The total area as per actual possession delivered was 4000.36 sq.mtrs. The allotted site in question was resumed vide order dated 7.1.2002 (Annexure P-3) by the office of deponent as the petitioner society failed to make the payment despite statutory notices issued under section 17 of the HUDA Act, 1977.” Detail showing the calculation made is also annexed with the affidavit. Counsel for the petitioner states that like the other societies, the petitioner is also ready to deposit the amount claimed in the affidavit or any other amount as may be calculated by the Estate Officer and intimated to the petitioner within one month from today. We feel that the offer made by the petitioner is very genuine. It is not in dispute that in the year 1999, plots were allotted to the ten Cooperative Housing Building Societies. All the societies committed default, qua other societies plots were restored without imposing any penalty except in the case of Prem Co-operative Group Housing Society Limited, where penalty to the extent of Rs.5 lac were imposed. We feel that by denying same relief to the petitioner, discrimination has been done to it, which is not justified. In view of the facts and circumstances of this case, we allow both the writ petitions, quash the orders of resumption subject to petitioner’s depositing the amount claimed in the affidavit dated 24.8.2011, within a period of one month from today. The petitioner shall also pay any other amount as may be claimed by the authorities and intimated to the petitioner 6 Civil Writ Petition No.8662 of 2008 within a period of one month from today. Besides as above, for not making the payment in time, an amount of Rs.seven lac in each case, over and above the amount due as has been referred to above, shall also be paid as a penalty within a period of one month. To the imposition of penalty the petitioner has not raised any objection at the time of arguments. (Jasbir Singh) Judge 08.09.2011 (Augustine George Masih) gk Judge 7