M.M.KUMAR,J. - (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 : Admittedly, the respondent himself in the affidavit accompanying the letter had clearly indicated that he was agreeable to the prevalent rates of PUDA. This is clearly stated in the paragraph 6 of the affidavit accompanying respondent's letter dated 8.9.2000. There is no dispute that at the time allotment was made by the allotment letter dated 13.7.2001, the rate was Rs. 3200/- per sq. yd. Above being the position, the High Court's direction to the appellants to charge the rate prevalent in the year 1985 is clearly unsustainable. Learned counsel for the respondent submitted that the respondent is willing to pay at the rate indicated in the allotment letter dated 13.7.2001. In case the respondent deposits the amount payable pursuant to the allotment letter within three months from today, the appellants shall allot the and deliver possession within two weeks from the date of the payment of the amount due which is to be calculated by the appellants.
(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. Mr. Pritam Saini, learned counsel for the petitioner has argued that once possession has been delivered on 17.7.2008, there t is no rational to charge from the petitioner any amount of construction fee for the year 2007 and the same would be wholly arbitrary. Learned counsel has further submitted that the petitioner could not have deposited any amount once the matter was pending before this Court and then before the Supreme Court. Therefore, he has argued that the arrears of interest amount to Rs. 6,61,276/- should not be charged.
(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.;