J.S.KHEHAR, J. - (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 : "Today inspected site of plot No. 3, Industrial Area (Govt. Land a electric line passing over the plot. After shifting the electric line possession can be given to the allottee. It is also intimated that - (illegible.) to XEN (Electric Wing) H.U.D.A., to shift the above said line. Sd/- Randhir Singh, J.E. reported to J.E. Bhagwan Dass." 7.7.2000 The authenticity of the aforesaid report has not been disputed. Learned counsel for the respondents has very fairly stated that interest could not be charged from the petitioner till free and vacant possession or the plot in question was handed over to her. Like-wise, it was conceded that penalty could not be imposed on the petitioner while the electric pole remained in the plot allotted to her. Learned counsel for the respondents has, however, informed this Court that the electric pole has since been removed and vacant possession of the plot in question has been handed over to the petitioner. According to learned counsel for the respondents, interest is definitely payable to the Haryana Urban Development Authority on account of defaults in payments after the removal of the electric pole. We find justification in the aforesaid submission of the learned counsel for the Haryana Urban Development Authority,
(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.;