Punjab-Haryana High Court
Harshdeep Singh Nat vs State Of Punjab And Ors on 24 October, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:139613-DB
CWP-28168-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-28168-2024
Date of decision: 24.10.2024
Harshdeep Singh Nat ....Petitioner
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Rohit Singla, Advocate,
for the petitioner.
Mr. Vipin Pal Yadav, Additional Advocate General, Punjab,
Ms. Aashhika Jain, Deputy Commissioner, Mohali.
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ARUN PALLI, J. (Oral)
On October 21, 2024, this Court had passed the following
order:-
'Petitioner (Harshdeep Singh Nat) has prayed for
the following substantive relief:
"Civil Writ Petition under Articles 226/227 of
the Constitution of India for issuance of Writ
in the nature of Mandamus directing the
official respondents to execute the Recovery
Certificate (Annexure P-3) dated 12.01.2024
bearing Memo No.RERA/PB/Legal/2023/484
issued by the Ld. Real Estate Regulatory
Authority, Punjab vide its order dated
20.12.2023 for recovery of Rs.31,45,561/- from
the Respondents No.3 and 4.
AND
Further praying for direction to the official
respondents to execute the aforesaid Recovery
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Certificate in a time bound manner and submit
the report accordingly."
Learned counsel for the petitioner submits
that a complaint under Section 31 of the Real Estate
(Regulation and Development) Act, 2016 (2016 Act),
moved by the petitioner and his wife (Rosy Nat), was
accepted by the Real Estate Regulatory Authority, Punjab.
And, vide order dated 28.07.2021, the respondents were
held liable to pay interest @ 9.30% to the complainants
with effect from 29.07.2020 till the time possession is
offered to them after obtaining Completion Certificate:
The only relief available at this stage therefore is payment
of interest for the period of delay. As per the provisions of
the Act and Rules it is held that respondents are liable to
pay interest at the rate of 9.30% (today's rate 7.30% per
annum plus 2% as per State of India's Highest Marginal
Cost of Lending Rate) to the complainants with effect from
29.07.2020 till the time possession is duly offered to the
complainants after obtaining the Completion Certificate."
It is submitted that the petitioners, thereafter,
moved the Executing Court and as the order dated
28.07.2021 was not assailed any further, vide order dated
20.12.2023, the Executing Court directed the respondents
to pay Rs.31,45,561/-. And, consequently, directions were
issued to the District Collector, S.A.S. Nagar, Mohali,
Punjab, to issue the recovery certificate for the said
amount. Further, he submits that it was also observed that
if the order dated 28.07.2021 is not complied with by the
respondents within a period of 60 days of the receipt of the
said order, the Registry was directed to initiate proceedings
under Section 63 of the 2016 Act, against the respondents.
Subsequently, vide communication dated 12.01.2024, the
authority required the Deputy Commissioner-cum-District
Collector, S.A.S. Nagar, Mohali, to ensure the recovery of
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the decretal amount, and the same be recovered as arrears
of land revenue from the assets of judgement
debtors/respondents. However, to date, the order dated
28.07.2021, passed by the authority has not been executed.
So much so, the representation dated 19.06.2024 (P-4), the
respondent No.2 was served with, has failed to evoke any
response. Thus, this petition.
Previously, on 19.10.2024, the matter was
adjourned for today to enable the learned State counsel to
seek instructions and to ascertain as to why the order dated
28.07.2021, having been passed over three years back, has
not been executed, but he expresses his inability to clarify
the position, as indicated above, and rather prays for
further time.
In the given circumstances, we hardly find any
justification in the request made by the learned State
counsel and, therefore, we are choiceless but to request the
Deputy Commissioner-cum-District Collector, S.A.S.
Nagar, Mohali, Punjab, to remain present in Court on the
adjourned date to enable us to proceed further in the
matter.
Adjourned to 24.10.2024.'
Accordingly, Ms. Aashika Jain, Deputy Commissioner-cum-
District Collector, SAS Nagar (Mohali), is present in Court. We are
informed that pursuant to the orders passed by the Executing Court, as
also the recovery certificate, property(s) of the respondent/judgment-
debtors has since been attached. And after following due process of law,
the same would be put to auction to realize the decretal amount.
At this stage, Mr. Arjun Pratap Atma Ram, Advocate, has
caused appearance on behalf of respondents No.3 and 4. He vehemently
disputes the case that is sought to be set out in the petition, and submits
that, in fact, the concerns/grievances being made by the petitioner are
totally misconceived. He submits that post the decree passed by the Real
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Estate Regulatory Authority, Punjab, the petitioner approached the
Punjab State Consumer Dispute Redressal Commission, Chandigarh, and
during the pendency of the said proceedings, a possibility of an amicable
resolution of the dispute was sought to be explored. Which is why, the
decretal amount was not deposited. Thus, in the given circumstances,
attachment of the entire project and the properties related thereto is
apparently erroneous, as it would gravely impair the rights/interest of
respondents No.3 and 4. He, as always, fairly submits that the private
respondents shall deposit the decretal amount, without prejudice to their
rights/interest, with the Executing Court. And, a necessary application to
recall/vacate the orders(s) of attachment, as indicated above, shall be
moved within a period of two weeks from today.
That being so, learned counsel for the petitioner submits
that, for the present, nothing substantive survives in the petition and the
same be disposed of, as having been rendered infructuous
In the wake of the above and in terms of the statements
made by learned counsel for the parties, the petition is accordingly
disposed of. However, in the event, the decretal amount is not deposited
with the Executing Court within the period indicated above, the petitioner
shall be at liberty to move an application in this petition itself, for its
restoration and appropriate orders.
(ARUN PALLI)
JUDGE
(VIKRAM AGGARWAL)
JUDGE
24.10.2024
Ak Sharma
Whether speaking/reasoned Yes
Whether reportable Yes/No
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