C.W.P NO. 3064 OF 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 3064 OF 2008 DECIDED ON : 27.04.2009 Harpal Singh Yadav ...Petitioner versus HUDA and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Ms. P. R. Yadav, Advocate, for the petitioner. Mr. Suvir Sheokand, Advocate, for the respondents. SURYA KANT, J. (ORAL) The petitioner seeks a direction for allotment of an alternative plot and also to exempt him from payment of interest on the due installments. The petitioner has been allotted a plot measuring 135.9 sq. metres in Sector-4/A, Dharuhera, District Rewari by HUDA on 31.12.2001. The petitioner is stated to have deposited all the installments also. His grievance is that the actual physical possession of the plot is not being given though such possession was offered to him way back on 12.01.2004. In these circumstances, the petitioner seeks the refund of interest paid by him on the installments as well as allotment of an alternative plot along with delivery of physical possession. C.W.P NO. 3064 OF 2008 -2- Notice of motion was issued and in response thereto, respondents No.1 to 3 have filed their counter-affidavit. It is stated that the respondents are ready and willing to offer the actual physical possession of Plot No.9, Sector-4/A. Dharuhera, District Rewari to the petitioner which has been offered earlier also on 25.04.2008 and 30.05.2008. It is also explained that the petitioner has so far deposited Rs.1,61,936/- as against the tentative price of Rs.1,78,790/-. Having heard learned counsel for the parties and keeping in view the stand taken by the respondents, I am of the considered view that no case for direct allotment of an alternative plot is made out. However, the respondents are obligated to ensure that physical possession of the allotted plot is delivered to the petitioner. The writ petition is accordingly disposed of with a direction that the petitioner may approach the Estate Officer, Rewari who shall depute the concerned officials for delivery of the actual physical possession of the plot at the spot to the petitioner. The petitioner shall be granted the maximum prescribed period for raising construction from the date of delivery of such actual possession. As regards the refund of interest, the petitioner may approach the appropriate forum, if so advised. The needful shall be done within a period of one month. C.W.P NO. 3064 OF 2008 -3- Disposed of. Let a copy of this order be given dasti on payment of usual charges. APRIL 27, 2009 (SURYA KANT) shalini JUDGE