IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7047 of 2009 Date of Decision: 16.07.2009 Sanjeev Kumar Petitioner Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Hitesh Kaplish, Advocate for the petitioner ….. Jasbir Singh, J.(Oral) CM No.11539 of 2009 Application allowed, documents are taken on record. CWP No.7047 of 2009 The petitioner was a successful applicant to get HIG independent partially furnished duplex house under 1996 Scheme. Draw of lots was conducted in the year 1997. Due to some clerical mistake committed by a lower official, the petitioner failed to get allotment letter. It is necessary to mention here that total price of the house was fixed at Rs.8,60,500/-. As per norms, the petitioner had paid Rs.62,700/- towards earnest money. The petitioner made various representations and ultimately plot was allotted to him vide letter dated 24.12.2008, however, at a price of Rs.3,79,850/-. By filing this writ petition, the petitioner prays that he was successful for allotment of a plot in the year 1997. He has already paid amount towards earnest money. If the authorities have failed to allot plot on Civil Writ Petition No.7047 of 2009 account of their own fault, which is evident from the records, the petitioner cannot be asked to pay a higher price for the plot in question. At the first instance, this argument appears to be very attractive. However, when analyzed facts deeply, it appears that the petitioner is not entitled to get allotted a plot at the rate which was fixed in the year 1997-98. Total price of the plot in the year 1997 was fixed at Rsw.8,60,500/- . The petitioner has deposited an amount of Rs.62,700/- only. If the allotment letter had been issued to him, he was bound to pay an amount of Rs.eight lac more, which was a big amount in the year 1997. Rs.eight lac remained with him for the years during which he was not issued allotment letter. It can be presumed that for that amount, he may be getting interest from the bank. Had he paid the amount at that time, the respondents were to utilize that amount and may be, by depositing it in the bank, getting an interest. Under these circumstances, this Court feels that if the authorities have claimed higher amount for allotment, they are justified. Only relief, which can be given to the petitioner is, that the respondents are directed to calculate interest on Rs.62,700/-, which the petitioner deposited in the year 1997 with them and give benefit to the petitioner for the intervening period till the date of allotment. Even now the petitioner is getting this plot at a reserved price, otherwise, the market price may be five times more than the price at which the plot has been offered to the petitioner. Writ petition stands disposed of in above mentioned terms. 16.07.2009 (Jasbir Singh) gk Judge 2