C.W.P NO. 8656 OF 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 8656 OF 1994 DECIDED ON : 11.05.2009 Kanwar Khan and others ...Petitioners versus HUDA and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Harsh Aggarwal , Advocate, for the petitioners. Ms. Neena Madan, Advocate, for the respondents. SURYA KANT, J. (ORAL) The petitioners seek quashing of the notice-cum- orders (Annexures P-5, P-7 and P-8), whereby penal interest has been demanded from them in respect of S.C.F No.152, Sector- 37, Faridabad, failing which resumption proceedings were to be initiated. The petitioners' main grievance is that since the possession of the site has not been delivered so far, the respondents cannot claim penal/compound interest and/or impose penalty on the delayed or non-payment of the due installments. The respondents have filed their counter-affidavits in which a categoric stand has been taken that all the development C.W.P NO. 8656 OF 1994 -2- works in the Sector stood completed prior to the year 1982 and the possession of the site was never refused. Having heard learned counsel for the parties and taking into consideration the rival contentions which gives rise to disputed questions of facts, however, keeping in view the willingness expressed on behalf of the petitioners that they are ready and willing to deposit the penal/compound interest or penalty, as may be leviable under the HUDA Rules/Regulations, this writ petition is disposed of with a direction that in case the petitioners deposit the due amounts within a period of two months from the date of receipt of the latest outstanding amount from the Estate Officer, Faridabad, the allotment shall stand regularized and the petitioners shall also be entitled to take possession thereof. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MAY 11, 2009 (SURYA KANT) shalini JUDGE