IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.15673 of 2007 Date of decision: February 4, 2009. Capt. Anuj Kumar ...Petitioner(s) v. Housing Board Haryana ...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 Ashwani Kumar Bura, Advocate for the petitioner. Shri Durgesh Aggarwal, Advocate for the respondent. ORDER Surya Kant, J. - (Oral): The petitioner seeks quashing of the order dated 6.9.2007 (Annexure P-14) whereby allotment of a MIG-II-A in his favour house in the Housing Board Colony at Panipat has been cancelled. It is not in dispute that the allotment has been cancelled on the ground that the petitioner being in higher income group, was ineligible for the subject flat. It appears that the petitioner's main grievance is that the respondent-Housing Board withheld the refund of Rs.1,24,000/- deposited by him along with the application for a period of almost two years, therefore, the petitioner is entitled to be paid interest on the delayed refund. Notice of motion was issued on the aforesaid limited issue only. Counter affidavit has been filed by the respondents. Learned Counsel for the parties have been heard and the record perused. There is no denial to the fact that the petitioner had deposited Rs.62,000/- in July 2005 when he applied for the allotment. After the draw of lots held on 29.12.2005, the petitioner deposited the balance amount of Rs.62,000/- in February, 2006. The petitioner was later on found ineligible and the allotment was cancelled. The above mentioned amount was refunded to the petitioner on 6.11.2007 only. Having heard Learned Counsel for the parties at some length and taking into consideration the fact that ordinarily the petitioner's eligibility ought to have been examined before the draw of lots and in any case soon thereafter, I am of the considered view that there is no justification for the respondents in not taking an appropriate decision and refunding the earnest money deposited by the petitioner immediate after February, 2006. Consequently, the writ petition is allowed to the extent that the respondents are directed to pay simple interest @ 9% per annum to the petitioner with effect from 1.3.2006 till 31.10.2007. The arrears of interest, if any, shall be paid to the petitioner within a period of two months from the date of receipt of a certified copy of this order. February 4, 2009. [ Surya Kant ] kadyan Judge