HARYANA URBAN DEVELOPMENT AUTHORITY AND ORS Vs. FRIENDS

JUDGEMENT

(1.) Challenge in the present appeal under Clause X of the Letters Patent is to an order passed by the learned Single Judge of this Court on 25.8.2011, whereby the demand notice dated 20.8.2004 (Annexure P-1) calling upon the writ petitioners to pay interest on the additional price of Rs. 139.69 per square yards was set aside.

(2.) In the writ petition, the challenge was to the demand notice dated 20.8.2004 (Annexure P-1), whereby an additional amount of Rs. 108.86 per square meter (Rs.139.69 per square yard) w.e.f. 30.11.1991 and Rs. 337.33 per square meter w.e.f. 14.8.1995 was demanded along with interest @ 10%.

(3.) Earlier, the said demand notice dated 30.11.1991 came to be challenged in two civil suits before the learned civil court at Hisar. The second demand notice came to be challenged in eight civil suits before the civil court, Hisar. The said suits were decreed by the learned trial Court on 7.1.1999 and 24.12.1998 in respect of each demand raised, respectively. The learned trial court at the same time observed that the defendants are entitled to recover additional price after calculating the same as per the Haryana Urban Development (Disposal of Land and Buildings), Regulation 1978. The said judgment and decrees passed by the learned trial Court has been affirmed in appeals vide the separate judgment and decrees dated 14.6.2001. The learned trial Court held the following effect in Judgment Annexure P-6: -