MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(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. 3200/- per Square yard and the tentative total price fixed was 6,40,000/-. The petitioner filed CWP 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. 3200/-, he was asked to pay the price of Rs. 85/- per square yard. The amount was not paid at any stage. The matter travelled to Supreme Court and eventually Civil Appeal No. 4006 of 2004 was disposed of on 23.3.2006 and the following observations were made :

(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-1). 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 at 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 P3: 14) stating that a sum of Rs. 6,61,276/- is the arrears on account of interest up to 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 . Ashish Grover, learned counsel for the respondents No. 2 and 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. 3200/- as fixed in the allotment letter. The other conditions of allotment continues to govern the parties and the respondents are well within their rights to charge interest in pursuance to Clause 9 of the allotment letter.