Surya Kant, J. - (1.) CONTROVERSY in the instant case pertains to the petitioner's liability to pay outstanding dues, i.e., scheme interest, penalty etc. on the allotment price of Primary School Site No. 15, Sector 65, Mohali, measuring 3718.45 square yards allotted vide letter dated 01.12.1999. The State Government in exercise of its revisional powers restored the subject site in favour of the petitioner, vide one of the impugned order dated 23.07.2013 subject to deposit of balance amount of Rs. 37,45,025/ - towards penalty, failing which the Estate Officer was permitted to proceed against the petitioner with eviction proceedings.
(2.) THE petitioner's liability towards payment of outstanding dues and interest component etc. revolves around Clauses 6 and 9 of the allotment letter dated 1.12.1999, which are to the following effect: - 6. The annual equated installments, with interest at the rate of fifteen percent per annum will be payable as per the following schedule: - 9. In case the instalment is not paid by the 10th of the following month, in which it falls due the allottee shall be liable to pay the interest at the rate one and half percent per mensem of the amount of the installment, if installments delayed up to a period of one year from the date of such default and thereafter at the rate of two percent per mensem till the date, the installment is actually paid or till under Section 45 of the Act is initiated, whichever date is earlier. The petitioner, when he approached this Court being aggrieved at the original order, was permitted to deposit Rs. 20,00,000/ - vide Demand Draft dated 07.11.2013 with a further direction to furnish unconditional and irrevocable bank guarantee for the balance amount in favour of the Estate Officer, GMADA. 4 In compliance to that order, the petitioner has produced a communication from the Indian Bank that they are ready to sanction a loan of Rs. 20,00,000/ - to the petitioner to pay the balance amount to GMADA. 5. Having heard learned counsel for the parties, we are of the considered view that the question whether the 'scheme interest' and penalty etc. have been imposed upon the petitioner in accordance with the terms and conditions of the allotment letter, is predominantly a question of fact which can be effectively resolved by the persons having expertise in accountancy. We are not inclined to go into the realm of disputed question of facts in this regard. 6. Since the petitioner is inclined to deposit the balance amount as per the revisional order without prejudice to his legal rights provided that some reasonable time is granted, we dispose of this writ petition in the following terms: - [i] the balance amount as per the revisional order dated 23.07.2013 may be deposited by the petitioner without prejudice to his legal rights before 30.06.2014; [ii] the petitioner, if so advised, may submit a comprehensive representation along with his Statement of Accounts pointing out the mistakes or errors, if any, in the calculations made by the respondent -authorities; [iii] on receipt of such representation, the Chief Administrator, GMADA shall constitute a team of two officers including the Chief Accounts Officer, GMADA, to consider the said representation and reconcile the accounts, if need be; [iv] the petitioner shall be permitted to assist the Committee of Officers and for that purpose he shall be at liberty to seek assistance of his Chartered Accountant and/or any expert in accountancy; [v] the Committee shall submit its report to the Chief Administrator, GMADA who shall then dispose of the petitioner's representation by passing a speaking order. 7. The petitioner, however, shall not wait for the decision of his representation by the Chief Administrator and shall deposit the balance amount in terms of Clause [i] above and if still dis -satisfied, he may impugn the decision of the Chief Administrator, GMADA before an appropriate forum preferably State Government by way of appeal or revision, as the case may be. 8. Disposed of. Dasti. ;