Shiv Charan Lal Aggarwal and ors. vs Haryana Urban Development Authority, Chandigarh and anr..

D.V. Sehgal, J.—Mr. Vashisbha appearing for the respondents has very fairly conceded in view of the Division Bench judgment of this Court in Charanjit Bajaj and others v. The State of Haryana and others, 1986 PLJ 601 : 1986 R.R.R. 15, that the amount of enhanced compensation in respect of the commercial area in sector 9, Faridabad, cannot be recovered from the appellants who are the allottees of residential plots in that sector. I find from the discussion in the judgment of the trial Court that this amount formed part of the additional demand raised through the notices served on the appellants. These notices, therefore, cannot be sustained. The appeal is consequently allowed in part to the extent that the amount of additional compensation paid by the respondents in respect of the land covered by the commercial area in sector 9, cannot be recovered from the appellants. The respondents shall recalculate the amount payable by the appellants keeping in view my above observations and issued fresh notices of demand to them and these notices shall set out the detailed calculations in respect of the amount demanded, and the appellants shall deposit the amount so demanded within the time stipulated in the notices.

In view of the ratio of judgment of Charanjit Bajaj''s case (supra), In direct that the respondents shall not be entitled to charge interest from the appellants from the date of the deposit of additional amount of compensation by them till the date of the issuance of the fresh notices as directed above. No Costs.