IMPROVEMENT TRUST BARNALA Vs. PAL SINGH

JUDGEMENT

(1.) HEARD the learned Counsel for the parties. Learned Counsel for the petitioner submits that the plot was allotted on 1996 and amenities were provided to the respondent on 1999. The respondent has taken possession on 29. 1. 2004. The State Commission in their order clearly directed that the petitioner would re-calculate the non-construction fee w. e. f. 10. 4. 2002 to 29. 1. 2004 and if any excess amount has been charged from the respondent, the same would be refunded with 9% interest per annum from the date of deposit till payment. Learned Counsel for the petitioner further submits that the State Commission has also awarded compensation of Rs. 25,000 for non-enjoyment of the property and harassment. He is relying on our judgment R. P. No. 1339 of 2006, Improvement Trust and Anr. v. Surinder Kaur, III (2007) CPJ 83 (NC), and in similar other matters, decided on 10th April, 2007 wherein compensation of Rs. 50,000 paid by the Improvement Trust was set aside. It was further directed that "the petitioner Improvement Trust is directed to grant three years period from November, 2002 to November, 2005 for construction of the premises and not to levy any non-construction penalty for the said period and, if levied, shall be refunded. "

(2.) LEARNED Counsel for the respondent submits that the respondent did not enjoy the property due to delay in giving amenities by the petitioner and hence this compensation is correctly awarded by the State Commission.

(3.) THIS Commission has already decided this point in similar matters and in our view compensation of Rs. 25,000 is not justified considering relief is being given on non-construction fee penalty. The respondent is also responsible for delay. Hence, we partly allow the revision petition and affirm the order passed by the State Commission with the modification that direction to pay compensation of Rs. 25,000 be set aside.