HARYANA URBAN DEVELOPMENT AUTHORITY Vs. RAJ KUMARI ANEJA

JUDGEMENT

(1.) THE petitioner was favoured with an allotment of a plot on 28.4.1988 in the industrial area, Panipat. Consequent thereupon, some deposits were made by the petitioner. However, the deposits did not satisfy the schedule indicated in the allotment letter. On that account, the Haryana Urban Development Authority commenced to charge interest from the petitioner. It is also not a matter of dispute that a penalty of 10% of the unpaid amount was also imposed on the petitioner on account of delayed payment.

(2.) THE petitioner assails the action of the Haryana Urban Development Authority to claim interest as also to impose any penalty on account of the fact that the possession, of the plot was not handed over to her. It has been the case of the petitioner through various representations made by her to the authorities that there is an electric pole within the plot in question bearing live electric wires. In order to determine the veracity of the claim made by the petitioner, Randhir Singh, Junior Engineer, was deputed by Bhagwan Dass, Junior Engineer to inspect of the site. He inspected the site and submitted the report on 7.7.2000. The report of Randhir Singh has been extracted from paragraph 15 of the writ petition. The same is reproduced hereunder for facility of reference :

(3.) IN view of the above, the interest and penalty imposed on the petitioner prior to the removal of electric pole from the plot in question is set aside. The Haryana Urban Development Authority shall issue a notice to the petitioner informing her the amount now payable out of the principal amount chargeable along with interest calculated from the date of removal of this electric pole from the plot in question. In case the amount claimed by the Haryana Urban Development Authority through the aforesaid notice is paid within a period of one month from the date of service of the notice to the petitioner, no interest will be chargeable. Obviously, no interest shall be payable in case a sum exceeding the principal amount has already been paid prior to the removal of the electric pole from the plot. In such an eventuality (in case an amount exceeding the principal amount has been paid by the petitioner before the removal of the electric pole), the excess amount deposited by the petitioner shall be refunded to her within a further period of one month. Disposed of in the aforesaid terms. Order accordingly.