JUDGMENT Mr. Jasbir Singh, J.: (Oral) - This petition has been filed for issuance of a writ of mandamus directing the respondents to remove the encroachment from the plot in question and hand over possession of the same to the petitioner. 2. The petitioner was allotted a plot bearing No. 2554-P, Sector- 57, Gurgaon, in the year 2005 vide allotment letter dated 28.1.2005 (Annexure P-2) for an amount of Rs.13,21,320/-. Rs.1,20,120/-was to be paid within 30 days from the date of issuance of the above letter. Rest of the amount was to be paid in 6 annual installments with interest @ 11% P.A. It has been specifically provided in the allotment letter that interest shall accrue from the date of offer of possession of plot and possession of the plot was to be offered on completion of development work in the area, where the site is situated. Clauses 5, 6 and 7 of the allotment letter reads thus :- “5. In case you accept this allotment, please send you acceptance by registered post alongwith an amount of Rs.201210/-within 30 days from the date of issue of this allotment letter, which together with an amount of Rs.120120/- paid by you alongwith your application form an earnest money, will constitute 25 per cent of the total tentative price. 6. The balance amount i.e. Rs.990990/-of the above tentative price of the plot can be paid in lump sum without interest within 60 days from the date of issue of this allotment letter or in six annual installments. The first installment will fall due after the expiry of one year of the date of issue of this letter. Each installment would be recovered together with interest on the balance price at 11% interest of the remaining amount. The interest shall however, accrue from the date of offer of possession. 7. The possession of the site will be offered to you on completion of the development work in the area, where the site is situated.” 3. It is not in dispute that the petitioner continue to make payment of the installments along with interest and by now he had deposited Rs.15,39,095/-. It is on record that offer of possession of the plot was made to the petitioner on 25.8.2010 (Annexure P-7). It is not in dispute that the petitioner continue to make payment of the installments along with interest and by now he had deposited Rs.15,39,095/-. It is on record that offer of possession of the plot was made to the petitioner on 25.8.2010 (Annexure P-7). In response thereto, the petitioner wrote a letter to the Estate Officer on 24.9.2010 (Annexure P-8) stating that interest has wrongly been charged from him prior to the date of offer of possession of the plot. By writing another letter dated 22.6.2011 (Annexure P-12) it was brought to the notice of the department that the petitioner could not take possession of the plot because it is under un-authorised occupation of the jhuggi dwellers. Even thereafter, the petitioner continue to make the payment towards price of the site. To say that plot was occupied by some persons, reference was made to the photographs (Annexure P-19A to P-19E). 4. In response to the notice issued, reply has been filed by respondent No.4 wherein it is admitted that the plot was under unauthorised occupation and on that account possession of the plot could not be given. Today in Court copy of an E-mail has been placed on record by counsel for the respondent-HUDA, relevant portion of which reads thus :- “In this case, it is intimated that the encroachment at site on Plot No. 2554-P, Sector-57, Gurgaon has been removed and offer of possession has been issued to the petitioner vide this office memo No. 380 dated 27.9.2012.” 5. Under the circumstances, it is now clear that the plot has been cleared from un-authorised occupation and the petitioner has been offered possession of the same. 6. If that is so, the petitioner may take possession of the site in dispute on any working day by making an application before the Estate Officer, Gurgaon and if any encroachment is still there, the matter be brought to the notice of the above Officer and also to the officials, who may accompany the petitioner to hand over possession to him. 7. So far as charging of interest on the balance payment is concerned, as per terms and conditions of the allotment letter, it is apparent that the interest can be charged only from the date of offer of possession of the plot. 7. So far as charging of interest on the balance payment is concerned, as per terms and conditions of the allotment letter, it is apparent that the interest can be charged only from the date of offer of possession of the plot. As is evident from the facts of this case though possession was offered but could not be delivered because there was encroachment on the plot in dispute. 8. It is stated at the bar that as per information received, the plot was also under litigation. If that is so, the Authorities were not justified in charging interest from the petitioner. The petitioner has shown his bonafide by making payment along with interest. However, he could not enjoy the fruits of his property because it was under litigation and also encroachment was there. 9. Under these circumstances, we allow this writ petition in the terms as mentioned above and further that the Authorities shall refund the amount which has been deposited by the petitioner towards interest. 10. Needful shall be done within 15 days from the date of receipt of a copy of this order. ---------0.B.S.0------------