- (1.) The Welfare Association Housing Board Colony, Kalka, District Panchkula is the petitioner before this Court. The Association has a number of allottee members. Aggrieved by demand notice issued by the Housing Board, Kalka, Panchkula, Haryana calling members of the Association/allottees in the year 1988 to pay enhanced costs of tenements allotted to them, had filed Civil Suit No.259 on 1.10.1988 for declaration challenging the demand notice. The suit was dismissed on 20.8.2003. The first appeal before the District Judge, Panchkula failed on 30.10.2003. Aggrieved by the judgments of the courts below, the Association filed RSA No.376 of 2004 before this court against the judgment and decrees dated 20.8.2003 and 30.10.2003 of the courts below. The matter was disposed of by this court on an agreement between the parties that similarly situated allottees would be treated similarly for grant of relief, provided the appellants pay the principal amount with interest calculated at the rate of 9.5% per annum upto the date of final payment. This Court in its order recorded as follows:- "Counsel for the respondent board states that though such a relief should not be granted to the appellants, but as the order dated 4.03.2008, has been implemented with respect to similarly situated allottees, the Housing Board has no objection, if similar relief is granted to the appellants, provided the appellants pay the principal amount with interest calculated @9.5% per annum up to the date of final payment. In view of the statements made by counsel for the parties, the resolution filed by the appellant society and the affidavits sworn in support thereof, the members of the appellant and the respondent board shall be bound by the following agreed terms and conditions:- (a) The allottees shall deposit the principal amount, with simple interest @9.5% per annum w.e.f.1.03.2000, up to the date of final payment. (b) The Housing Board shall calculate the principal amount with interest and furnish the amounts due from each allottee to the appellant and its members within a period of three months from the receipt of a certified copy of this order. (c) The members of the appellant society allottees shall deposit the amount so determined, within six months, of the receipt of calculations furnished by the Housing Board, in three equated instalments of two months each. The amount of interest shall be calculated upto the final date of payment. (d) The appellant and its members shall be bound by resolution dated 11.10.2009 and the affidavits dated 12.10.2009, Annexures P-1 to P-11 duly sworn by President Inder Pal Singh, Gen Secretary Sat Pal Singh, Vice President Kanwar Sain Singla, Vice President Munni Lal Sharma, Vice Joint SecretaryRamesh Jetley, Cultural Secretary A.K.Babbar, Secretary Public relation B-C Tewari, Executive Member Mukesh Sodhi, Treasure Anuj Walia, Executive Member Subhash Chander. (e) In case the appellants violate the terms and conditions, of this order the appeal shall be deemed to have been dismissed."
(2.) As a matter of fact, the basis of the settlement in the Regular Second Appeal lay in another order passed by this Court in Civil Misc.No.3238 of 2007 in CWP No.2805 of 85 titled as Pushap Raj Oberoi and others vs. State of Haryana and others. On the strength of the order passed by this Court in this writ petition, the General Body of the petitioner-Association in an emergent General House meeting on 11.10.2009 unanimously resolved that the Regular Second Appeal may be disposed of in terms of the order passed in the Pushap Raj Oberio's case, supra. They undertook to pay the principal amount alongwith simple interest at the rate of 9.5% per annum from 1.3.2000 till the date of payment.
(3.) The chapter having closed with the compromise recorded before this Court, the Housing Board yet chose to issue notices to the members of the Association demanding an amount calculated on the basis of policy dated 26.3.2009 ignoring the judgment of this Court. These notices (one of which is Annexure P-3) were issued to "Non-petitioner in RSA No.376/04", meaning thereby the notices were issued to such of the allottees who were considered by the Board as not parties to the Regular Second Appeal. Faced with this situation, the President of the Association sent a representation dated 2.2.2010 to the Estate Manager, Housing Board, Kalka, Panchkula, Haryana apprising him of the decision of this Court and not to insist or compel the members to approach Court again. The representation was rejected by a cryptic, non-speaking order dated 23.4.2010 (Annexure P-5) stating that the representation has been considered and has not been acceded to. The Association was left with no option, but to serve legal notice dated 24.5.2010 calling upon the respondent-Board to abide by the judgment of this Court. The legal notice has not been responded to by the Board. The petitioner-Association has placed on record the legal opinion of the learned Sr.Counsel who had contested the case in the High Court on behalf of the Board opining that the petitioners are entitled to the relief, but the respondents are still not acceding to the request, and therefore the present writ petition with a prayer for a direction to adopt uniform policy for accepting the amount due from all the allottees to the Housing Board Colony, Kalka in accordance with the directions of this Court in RSA No.376/2004.;