IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 2770 of 1999. [O&M] Date of Decision: 10th January, 2011. Sat Pal Singh & Ors. Petitioners through Mr. Kanwaljit Singh, Sr. Advocate with Mr. A.P.Kaushal, Advocate. Versus State of Punjab & Anr. Respondents through Mr. Sudeepti Sharma, DAG, Punjab. Mr. M.L.Sarin, Sr. Advocate with Mr. M.L.Saini, Advocate for respondent No. 2. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioners have been allotted residential plots in Saheed Sewa Singh Thikriwala Nagar, Patiala by the Improvement Trust, Patiala. They are aggrieved by the imposition of non- construction fee on them w.e.f. 1.11.1996. They also seek a Mandamus to direct the respondent Trust to register the Conveyance deeds in their favour without any further delay. The respondent Trust has filed its written statement, inter-alia, explaining that the non-construction fee is to be charged from the allottees strictly in accordance with the policy Circular dated 28.01.1999 issued by the Government of Punjab, Department of Local Government, a copy whereof has been placed on record as Annexure R2/4. It may be mentioned here that out of 87 writ petitioners, 64 have already withdrawn the writ petition qua them. Considering the claim of the remaining petitioners, I find that the policy Circular dated 28.1.1999 [Annexure R2/4] though has not been impugned also, nevertheless, the same is just and fair and warrants no interference by this Court. The afore-stated Circular provides each allottee three years' reasonable period from the date of delivery of possession to raise construction and thereafter further extension/period can be granted on payment of non-construction fee. It does appear from the contents of Paras 5 and 6 of the Circular that three years period for raising the construction has to be granted to each allottee from the date of offer of possession without charging any non-construction fee and the liability to pay the said fee would first time arise only when the allottee fails to raise the construction within the stipulated period of three years. The writ petition is accordingly disposed of with liberty to the petitioners to submit their individual claims to the Improvement Trust, who in turn shall consider and dispose of the same in accordance with the afore-stated policy Circular, Annexure R2/4. Since the writ petition has been disposed of by relegating the petitioners to approach the Improvement Trust, the interim order dated 18.11.1999 is clarified to the extent that the petitioners shall deposit the remaining 50% of the amount without any penal interest within a period of two months from the date of determination of such amount by the Trust, failing with the Improvement Trust shall be at liberty to take penal action as may be permissible under the Rules. Disposed of. Dasti. January 10, 2011. ( SURYA KANT ) dinesh JUDGE