ROOCHIRA CERAMICS Vs. HUDA

JUDGEMENT

(1.) The appellant herein was allotted an industrial plot bearing No. 5-B situated in Sector 15A at Faridabad by the Haryana Urban Development Authority (hereinafter referred to as 'the Authority'). The order of allotment indicated that in case of default of payment of instalments towards the final price, the interest at the rate of 10% shall be charged. It appears that the appellant committed default in payment of instalments, with the result the Estate Officer, Faridabad by an order dated 7-4-1995 in exercise of power under S. 17(4) of the Haryana Urban Development Authority Act resumed the plot of land and also forfeited a sum of Rs.1.90 lakhs deposited by the appellant. The appellant aggrieved against the order of the Estate Officer preferred an appeal before the Administrator of the Authority. The said appeal was dismissed. Thereafter the appellant filed a petition under Art. 226 of the Constitution of India before the High Court of Punjab and Haryana and prayed for quashing of the order passed by the Estate Officer and that of the Administrator rejecting his appeal. The High Court allowed the writ petition and directed the Authority to release the land in favour of the appellant on payment of the price and also the interest at the rate of 10%. The Authority aggrieved against the said judgment of the High Court filed C.A. No. 13187 of 1996 before this Court. This Court passed the following order :

(2.) After the aforesaid judgment was passed, the appellant filed an application for clarification of the order on the premise that while dictating the aforesaid order some observations made by the Court were not taken down by the Court Master. The Court after hearing both the sides ordered that the clarification be added in the penultimate paragraph of the order dated 23-10-1996. The clarificatory order reads as thus :

(3.) Since the clarification order passed by this Court on 4th December, 1996 did not find place in the earlier order, the Estate Officer of the Authority made a demand from the appellant at an enhanced rate of interest i.e.18%. The appellant deposited the money as demanded under protest. However, the appellant challenged the demand of interest at the rate of 18% by means of a petition under Art. 226 of the Constitution. The case of the appellant was that the Authority is entitled to charge interest at the rate of 10%. However, the said petition was dismissed and against the said judgment the appellant has filed the present appeal.