Citation : 2023 Latest Caselaw 22114 P&H
Judgement Date : 16 December, 2023
Neutral Citation No:=2023:PHHC:161627-DB
2023:PHHC:161627-DB
LPA-2037-2023(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA-2037-2023 (O&M)
Date of decision: 16.12.2023
Naveen Goyal ....Appellant.
Versus
Haryana Shehri Vikas Pradhikaran and others ...Respondents.
***
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
.......
Present: Mr. Manav Bajaj, Advocate and
Mr. Bunty Verma, Advocate
for the appellants.
***
DEEPAK SIBAL, J. (Oral)
Through the judgment of the learned Single Judge, which has
been impugned before us, respondents No.1 and 2's writ petition has been
disposed of with a direction to respondents No.1 and 2 to deliver possession
of Plot No.80-A, Sector-2, Faridabad to the appellant with a further
direction to the appellant to pay his outstanding dues to the respondents
alongwith interest @ 9% per annum within a period of 30 days from the
receipt of a certified copy of the judgment.
2. Learned counsel for the appellant submits that interest at the
rate of 9% per annum at which the appellant has been directed to pay his
outstanding dues to respondents No.1 and 2 is on the higher side because
the delay on the part of respondents No.1 and 2 in handing over of the
possession of the plot in question, resulting in the delay in making of the
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Neutral Citation No:=2023:PHHC:161627-DB
2023:PHHC:161627-DB
payment for the same by the appellant, was on the respondent-Haryana
Urban Development Authority (now Haryana Shehri Vikas Pradhikaran) as
the said respondent did not inform the appellant with regard to the
proceedings filed before this Court with regard to the challenge to the
acquisition of the land out of which the plot allotted to the appellant had
been carved out.
3. Before the learned Single Judge, on specific instructions of the
appellant himself, his counsel had offered to pay the outstanding amount
payable by the appellant to the respondents No.1 and 2 alongwith interest @
9% per annum, which offer, through the impugned judgment, was accepted
by the learned Single Judge. Therefore, the appellant is estopped from even
raising the plea to reduce the payable interest from 9% per annum.
4. Dismissed.
5. All pending applications, if any, also stand disposed of
accordingly.
(DEEPAK SIBAL) JUDGE
(SUKHVINDER KAUR) JUDGE 16.12.2023 Komal
Whether speaking/reasoned? : Yes/ No Whether reportable? : Yes/ No
Neutral Citation No:=2023:PHHC:161627-DB
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