Judgment:
M.M. Kumar, J.
1. The petitioner was allotted a plot vide allotment letter dated 13.7.2001 (Annexure P-2). According to the stipulation, the price of the plot was Rs. 3,200/- per Square yard and the tentative total price fixed was Rs. 6,40,000/-. The petitioner filed C.W.P. No. 12393 of 2001 disputing the price of the plot allotted to him. The writ petition was allowed on 17.7.2003 by giving him the relief concerning price of the plot. Instead of Rs. 3,200/-, he was asked to pay the price of Rs. 85/- per square yard. The amount was not paid at any stage. The matter traveled to Supreme Court and eventually Civil Appeal No. 4006 of 2004 was disposed of on 23.3.2006 and the following observations were made:
Admittedly, the respondent himself in the affidavit accompanying the letter had clearly indicated that he was agreeable to the prevalent rates of PUDA. This is clearly stated in the paragraph 6 of the affidavit accompanying respondent's letter dated 8.9.2000. There is no dispute that at the time allotment was made by the allotment letter dated 13.7.2001, the rate was Rs. 3,200/- per sq. yd.
Above being the position, the High Court's direction to the appellants to charge the rate prevalent in the year 1985 is clearly unsustainable. Learned Counsel for the respondent submitted that the respondent is willing to pay at the rate indicated in the allotment letter dated 13.7.2001. In case the respondent deposits the amount payable pursuant to the allotment letter within three months from today, the appellants shall allot the land deliver possession within two weeks from the date of the payment of the amount due winch is to be calculated by the appellants.
2. The petitioner deposited an amount of Rs. 6,40,000/- on 2.6.2006 which was within the period of three months from the date of the order passed by Hon'ble Supreme Court as it was as per the price fixed by the letter of allotment dated 13.7.2001 (Annexure P-l). Thereafter, some correspondence exchanged between the petitioner and the respondents as the respondents raised demand for further charges on account of delayed payment by way of penal interest which was contested by the petitioner. It is appropriate to mention that the petitioner was given possession of the plot on 17.7.2008. After protracted correspondence between the parties, the respondent-GMADA passed an order on 17.10.2007 (Annexure P-14) stating that a sum of Rs. 6,61,276/- is the arrears on account of interest upto 30.11.2007 and construction fee of Rs. 1,08,026/- for the year 2007 was also demanded. The petitioner has challenged the letter dated 17.10.2007 demanding the aforementioned arrears.
3. Mr. Pritam Saini, learned Counsel for the petitioner has argued that once possession has been delivered on 17.7.2008, there is no rational to charge from the petitioner any amount of construction fee for the year 2007 and the same would be wholly arbitrary. Learned Counsel has further submitted that the petitioner could not have deposited any amount once the matter was pending before this Court and then before the Supreme Court. Therefore, he has argued that the arrears of interest amount to Rs. 6,61,276/- should not be charged.
4. Mr. Ashish Grover, learned Counsel for the respondents No. 2 & 3 has, however, submitted that the order passed by the Supreme Court does not deal with any other terms and conditions of the allotment letter dated 13.7.2007 (Annexure P-2) except the dispute concerning price. In fact the order has accepted the rate of Rs. 3,200/- as fixed in the allotment letter. The other conditions of allotment continues to govern the parties and the respondents are well within their rights of charge interest in pursuance to Clauses 9 of the allotment letter.
5. Having heard the learned Counsel for the parties and perusing the paper book with their able assistance, we are of the considered view that this writ petition deserves to be allowed partially. It is conceded as a fact that possession of the plot has been delivered to the petitioner on 17.7.2008 although he had deposited a sum of Rs. 6,40,000/- on 2.6.2006 and a sum of Rs. 7,69,482/- on 2.11.2007. Therefore, to say that the petitioner has not been able to raise construction and construction charges to the extent of Rs. 1,08,026/- are recoverable would be putting the cart before the bull. It does not require any imagination, that in the absence of delivery of possession, the petitioner could not have raised construction. Therefore, the construction charges sought to be recovered from the petitioner vide order dated 17.10.2007 (Annexure P-14) deserves to be set aside.
6. The other prayer for waiving the interest amounting to Rs. 6,61,276/-, is without any substance. According to the terms and conditions of allotment letter, the petitioner is under obligation to pay one and a half percent interest per mensem i.e. 18% per annum for the first year and two percent interest per mensem i.e. 24% per annum for the subsequent years. The aforementioned Clause 9 is set out for facility of reference:
9. In case any installment is not paid by you by the 10th of the month following the month in which it falls due then without prejudice to any action under Section 45 of the Punjab Regional and Town Planning and Dev, Act, 1985, you shall be liable to pay interest on the installment so due @ one and half per cent per mensem for the period of default not exceeding one year and thereafter @ 2% per mensem till the date of installment so due is actually paid or till the date, action is initiated under Section 45 of the said act, whichever date is earlier.
7. A perusal of the aforementioned Clause does not leave any manner of doubt that the petitioner is under obligation to pay interest at the rate of 18% and 24% per annum and that he has accepted the allotment on the aforementioned terms and conditions. It is admitted fact that he has defaulted in making the payment. The excuse of filing the petition before this Court is no ground for waiving the interest.
8. Therefore, we do not find any ground to set aside that part of the order demanding arrears of interest amounting to Rs. 6,61,276/-
9. The petitioner has already made payment of an amount of Rs. 7,69,482/- which is in addition to the payment of Rs. 6,40,000/- paid on 2.6.2006. In pursuance to our order he becomes entitled to a refund of Rs. 1,08,026/- which has been charged from him on account of construction fee. The amount shall be refunded to the petitioner within a period of two months from the date of receipt of a copy of this order. The petitioner would also be entitled to interest @ 24% on the amount of Rs. 1,08,026/- which is corresponding to the interest which the respondent has charged from him. The interest shall be paid from the date the amount has been deposited till the date of payment.
The writ petition stands disposed of in the above terms.