1 1 403 10 of2003 8 other connectedmatters 1 9 1 CWP 4 7 COURTOF PUNJAB AND HARYANA AT IN THE HIGH j CHANDIGARH DATE OF DECISION 61202010 1 1 1CWP No1122 of2003 RakshaRani ePetitioner VERSUS 1 C HSAMB and others e e 0 1 0 2CWPN020153 of2004 1 RameshChand C5 etitioner I 6 1 Z VERSUS m HSAMB and others I l I 3eCWPN0016182of 2009 06 Ashok Kumar Q0 Petitioner Vo Z VERSUS 1 State AgriculturalMarketingBoard and others e e 4CWP Noe167870f2005 SurinderKumar Petitioner t Ir 01 el VERSUS State AgriculturalMarketingBoard and others e e e 1 w 1 5CWP N05152 of2007 1 1 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1r 404 X 1 J CWP No1122 of2003 8 other connected matters 3 l 1 Balwant Rai eeePetitionel 1 1 VERSUS HaryalaState AgriculturalMarketingBoard and others 1 eb4 e e eRespondents 110CWPNo18076 of2009 1 PardeepKumar OeePetitioner jm C VERSUS 0 HaryanaState AgriculturalMarketingBoard and others 0 I e e 1 120CWP No18096 of2009 1 1 I Tara Rani Z 1 r 1 r VERSUS 1 Haryana StateAgriculturalMarketingBoard and others I 08 Respondents m 13CWP No18095 OF 2009 Radha Kishan and another 7 Z Petioners Ll 1 VERSUS StateofHaryanaand others e e 140CWP No14064 of2010 Sunil Kumar Sareen 1 1 etitioner 1 Geame Ie VERSUS State ofHaryana and others 4n e e 1 1 r e V7 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 1 405 3 CWP N001122of2003 8eother connected matters 3 Balwant Rai er OeePetitioner l Ie VERSUS HaryanaState AgriculturalMarketingBoard and others Respondents 110CWP No8076 of2009 PardeepKumar J 1 OeePetitioner 1 f 3 VERSUS 0 HaryanaState AgriculturalMarketingBoard and others 1 CO I e e i 9 12CWP No18096 of2009 17 I Tara Rani 1 eeePetitioner Z 1 1 m VERSUS HaryanaState AgriculturalMarketingBoard and others 1 J 06 Respondents r11 13CWP No18095 OF 2009 1 Radha Kishan and another m Z eePetitioners 1 1 eZ Om VERSUS Ie State ofHaryanaand others e e 140CWP No4064 of2010 1 Sunil Kumar Sareen t 4 Petitioner 4eam 1 J VERSUS State ofHaryana and others A9 t Respondeilts 1 0 1 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 406 Ie 1 CWPNo1122 of2003 O other connectedmatters 4 1 1 1 CORAM HONBLEMRJUSTICE PERMOD KOHLI 1 r PRESENT MrRavi MrNaveen Batra Advocate Markan Advocate Mragat SirAdvocate forthe petitionersl MrB Geol Advocate MrAK JangraAdvocate In MrAmit Sharma Advocate 1 0 for 0 0 I PermodKohli Je 1 CD 1 Z Controversyis common to thesepetitions the J petitioners are the action of the in charging r Cr feeinterest andpenalty from them for grantingpermissionto extensioll I 08 overtheplotsallottedto them in various areas Ir raiseconstruction co in the StateofHaryanaIn some petitionsclaim is made for refundof the mmo Z interestand already in all hesepetitionswere 1 tl allotted by the for differentcommercialpurposesfrom timeto time 1 J Inview of the nature of relief claimed it is not necessaryto advertto factsof eachand every case Howeverbrieffactualmatrix is noticed from 1 CWPNo1122 of2003 1 r 4 Market CommitteeKalka referred to as the 1 by a general auctiOO notice invited t for allotment0fplotsin the Grain Market to be byHaryana State 1 MarketingBoard namelyKalka Mandi Besides givingthe 1 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 1 407 1 J J 1 CWPNoe1122of2003 other connectedmatters 5 1 otherfacilities to be providedin the New locationof the area vanous 1 Grain Market were indicated The relevant extract of the abor aucUon 1 noticeis hereunder 44 This mandi 1S being with the modern way Properarrangement in themandi is beingmade for pucca Cadda sheds Park and Rest House 1 Latrines Drinking Cooler Water electricitysewerage a cattle shedsand for their drinkingwater Work of and r and roads have beeIi Facility 0 pucca 11 0 andpost office will also be providedin the of bank I i 1 CD mand Ol I Allotmeot was to be madethrough open auCtlOll The payment was to Z bemade in accordancewith the followingschedule 1 Q 3114ofthe bid amount will have to be at the 1 spot 08 1 L1Remaining auction price in full can be within CO onemonth from the date of approval without interest or a7 P 1 Z the same can be in three years in 6 Ll easyinstalment On the balance anlount l l n1 n interest at the bank rate would b6 of the leviable 13 1 1 4aeeae The was under obligationto construct the shop 1 e1 within one year asper thedesignof the Market Committee 11 I J for allotment of plotand in the The petitioner 4 auctionheld on 1521983 at Kalka Bid of the was and 4 1 the petitioner was allottedplotno 47 and 48 measuring16 x 50 for an 1 r 1 11r Ile Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 1 408 1 CWP N001122of2003 8cother connected matters 6 P amount of Rs32000 Earnest money of Rs80001awas adjusted towards price ofthe plot The balance amount ofRs40001 being750Ioofthe sale 1 price was to be either within 30 daysof the receiptof the allotment letterwithout interest or in threeinstalmentvith imest at t r rat of7 1z0Ioin therfollowil orderl 1 V Amountof l Interest Total Remarks 1 instalmentl insalment l instalment I I18UOUi541O l S 25583 Rs80001 Rs501 RsB150 1 i i l IOl IG86001 a v4 4L eme 1354s801 RS RsS300 1122 2 ne ne n 0nve 0 0 from the interest Ieviable on paymentby instalments the 1 ICD allotment letter alsocontaineda covenant for impositionof penaltyfor Il I payment Clause6 relatingto imposition of penaltyis Z hereunder 2 1 For l default 5Io For 2 default 7 IzIo 1 08 For defaulter 10 00 It is alleged that of the allotted plotswas not giventill 7 Z 2001The claims to have made a reguestfor handingover the 1 C t vide letter dated 178001 179 The petitioner was 1 1 P todepositthe extension fee beforetakingpossession vide letter dated e asked 92001 P It was also indicatedthat the has failed 2 petitionerplaced on recordsome letters to construct the shopTh Il 4 requestwas made for deliveryof Executive Offlcerln t MarketCommitteevide its lettersdated 1572002 6Annexures P 14 and P59 askedthe petitioner to depositexlension fee of Rsl521001 e 9 for each plotbeforeextension for construction of the shopis The however for waivingoff the extension fevide letter 1 1 7 IL Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 409 2 1254ev A1 Nol122of2003 other connectedmatters 7 CWP 1 eb dated3172000 64nnexureP169In the year 2000 HaiyanaGovernment 1 framedRules Haryana State MarketingBoard 6Sale 1 Rules 2000 hereinaftereferredto as the 2000 e of Immovable Ruleo Rule 40f the aforesaidRulerelatesto salebyallotmentand sub rule 5 the mode for making The prscribedmode of is as underl 1 xxx XXX XXX XXX J 1 balance seventy6vepercentof the priceOf PlOt C eitherbe withoutinterest within thirty may P C 1 Ca0 from the date of issue of allotment letter or in slx V I CD halfyearlyinstalmentswith fifteen percentinterest or at 1r I ofinterest as may be by the Board such rate er Z to time The flrst suchinstalmentshallfall due from the date of allotment letter 1 aRer six I However interest on shall accrue ftom the 1 1 dateof offer of possession 35 C0 Rule furtherdeals with the which Rule50f the a Z readsas under 9P Il 5The of the plotshall be fered to the e allotteeby the Executive Market 1 Committeewithin thirty from the date of issue of allotmehtletter If minimumbasic facility1eee roads 1 water electrificationare existingand if the said basic facilitiesarenot existing hen afterproviding the saidbasic facilities 4 2P Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 9e 7r v 7 410 1 1d 1 r fr CWPNo1122 of2003 0 other connectedmatterS 8 r Sub Rule 659of Rule 4 and Rule 50f the 2000 Rule was videnotiflcation dated532002 as underl e L 1 In rule 4 and in sub rule the words and signs 1 1 However intetest on instalmentsshall accrue from the dateof offerofpossessionshall be addedat the end Ih Ruie5 after the words allotment letter the words r 1 letters andsigns if minimum basic facilities ie rods Ie 1 and electrification are existing Q if the said basic facilities are not existingthen after and 0 C0 the said basic facililies shall be addedat the I CD end 51 1 The placedon recordcompletion certificatedated 712004 Z r to that the constructionwas on 30122003 P 0 219Another communicationdated26112009 has been Sled as Annexure 1e I p31which indicatesthat water supplyin grainmarket has Staed SinCe 08 e 1e 2612007 The has placed on record to eStabliSh m that thenecessary amenitiesin the area have not been providedeventill mW3 Z 2009 e To thecontrary the in their replyhave pleaded that the t 11 facilities suchas streets electricitywater supplyroadsand 1 basic J office buildingetc have beenprovidedin the Grain Market It is 8irther 1 statedthat second auctionof plot conductedin the same market on was Cm 1 1 30111990and 24 out 0F25 plotswere sold It is accordingly pleadedthat 1 i thisestablishesavailabilityof certain facilities even in the year 1990 It is 1 furtherthe case of the that the petitioner was not intefestedin constructionof the shopsThat is whythepetitioner waited for 20 yearsto P0 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 411 t r41441 1 1 2r 1 1 CWPN01122 of2003 8c other connectedmatters 9 e raise construction It is alsostated that the petitionersens to have 1 77 the plotfor resale also statedthat the did 1 notpay the instalmentsafter initial paymentof earnest money ld it v 1 te onlylIl 1989 that a sum of Rs32500n was againstPlot and Rs300001againstplot NoA8 A notice dated 95 1988 was servedupon thepetitioner this the didnot start constructionandthus thpleathat r not handedover till August 2001is not well founded C possessionwas of the paymentsmade by the petitionerit has been 0 Givingdetails 0 that the balance amount of priceof the plotwas paidby the I 9r CD 201986to 21ell987 for Plot NoA7 and between between 1 I for Plot No48 have also pleaded that r 181986 to Z in the year 1984 but she did not possesslOIl was offeredto the C take possessione have relied upon the policydecision dated 1 I 29A1998 decision was takento chargeextensionfeein all cases 08 1 periodfor constructionofshopslapsed on l 61987 1 where two ClO J the of thepetition and in view of the contlicting t Z standsof the parties availabilityof facilitiesthi Court vide its Cl orderdated 188003 a Local Commissionto inspectthe site in KalkaMandi The Commission afterspotinspection submittedhis report I l dated 92003 The that the of the area 111questioniS very poor andvery few shopshave been constructedThe 1 e 1 roadshavebeen partlyconstructedand are in badcondition Electric polls have been installettbut theelectricityis availableonlyon WednesdayIt is 1 1e f mentionedthat though water tankwas constructedhowe thereis 4 of water supplyeTheseweragesysteminstalledis not working no 1 1r l Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 412 1 1 O n 144 1 a CWPNo1122 of2003 8 other connectedmatters 10 1 The area is beingused for of buses and other vehlclesom the1 placedon record it alsoappears that there are very few 1 Roads shoslbuildings Some constructions are not beenproperly constructed andeven where thereis a road it is not rnetalled are bushes here and there Electricpollsare visible The landis uneven Trucksbusesand cars are parkedin a manner on Some of these were takenin November 2009 varlOUS 0 m with a d datedcamera C replyof the alsodoes not establishthat all the 0 The 0 nor any details of facilities are givenIt facilitiesare ln CD canbe safelyand inferred from the above mentionedfacts that 1 I thefacilitieshave notbeenprovided as per thegeneral auctionnotice issued Z theyear 1984 Thoughthe have pleaded that asfar back as in C4 possessionwasofferedin theyear 1987 however thereis no such reCOrdtO I supporttheir Both the sides have relied upon various 1 r of this Court and of the Honble ApexCourt It may be usefulto ClO 3 noticesome ofthe upon bytheparties Z A Division Bench of this Court in the case of PankajSharma and 1 ofHaryanaand others 200331PLR 790 while relying othersvse State Il earlier Division Bench judgment of this Court titled as Mls Makhan Lal DalipSinghetceve HSAMBe CWP NoA241 of 1992 decided on 1 5619931held as under 1 1 4In view 0ofthe aforesaiddiscussionwe allow this writ and direct the to providewater 1 and sewerage facilities and other as mentioned in the sanctionedbuildingplans to all the 1 1 1e Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 51 1 413 21 i 1 N01122 of20030 other connectedmatterS 11 J CWP plotholders in theNew Grain Market Naneola District a periodof one year Its furtherdirected 1 that the would not chargeinterest and penal interestfrom the petitionerstill the water and ewerage e facilitiesare provided tothem in the New Grain Market It isalso that the petitionerswill raise 1 on the allottedplotsas perthe 1 designwithin 00two yearsfrom the date of a 0 3 3 of thewater and seweragefacilities in theNew 0 0 the meatlwhile the Grain Market However ln I P 0 will continue to pay instalmentsof the price 1 I fixed without interest The clause of interest 1 Il Z afterfacilities of water would come into operation a Q and sewerageare provided to lhed pelitioners 111 C I the new Grain Market If the commit any 08 default 111 makingpaymentof instalments in the ClO manner theywill be liable to pay interest on r 7Z the said default as provided 111 the allotment letter 0m 1 Whatever have fallen dill today the 1 shall pay the same to the within a t of two monthsIf any new defaultin the payment r deww of instaIlments 1S the would be e liableto pay interestalso 53 AnotherDivision Benchin the case of Mls Fateh SinghJitender Kumar vse State of Haryanaand others 2000 31PLR 2 also 07 1 the earlier Division Benchjudgment in the case of Mls Makhan S ee e 4P Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 414 4 a 45 P1 l No1122 of2003 t other connectedmatters 12 t CWP V J Lal DalipSingh etce ve HSAeMeBe supraland other judgment in th J Administtation 1999 1 caseof SukhpalSinghKang Ve PLJ219 DBl wherein it has beenheld as under1 11 The roads Annexures P6 and 7 reed pon by 1 ShriHoodado not in any manner supportthe case setup by the petitionerA careful readingof the order in Makhan Lal DalipSinghandothers v HaryanaStateand 1 supralshoWs that petitioners Mls Makhan Lal others r1 J 12 with thepleathat it COUld 0 DalipSinghhad come CO start constructiondue to lack of water and sewerage not CD connections andalso because the electric wires were 1 passingover the plotThe counsel for the l Z 1e seems to haveoon a 2 0 that it was for the petitioner to I raise construction of the existence of electric 06 wires over theplotagreed to the of condition 00 r thecourt that interest shall ot be charged on the 1 a7 by Z amountof The order passedin CWP Qe 1 No10948of 1993 is but areiteration of the eeeq 1 MlsMakhan Lal Dalip Singhscase direction given 111 6supraThe petitioner in our consideredview cannot Ie eWe take of those orders because as per his own 1 showingthe construction has been and and connectionshave been made availableto it 4 1 A Single ofthis Court in the case of Vinod Mittal and others 1 1e Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 Il 415 r t i 1 S rl V1 r 1 e 1 r0CWPNo1122 of2003 other connected matters 13 1 1 vse State of Har5Tana 8c Ors 200941RCR Civill 528 considering similar issue in this context and various of HUDA held as 6 1 underl S 61 1 1161On a combined readingof the relevant rp of the HUDA Act and the Regulations 6 it transpires that the basic amenities can be said 1 to have been when the melled roads wholesomewater sewerage and electrification1S and madeavailable to the allottees The amenit ls a wider which includes t actlVlties like the tourlst spots open spaceparks 1 and play fields etc Thoughthe C work has not been defined under the IA Act or the however for 1 0 the limited purpose of eriablingan allottee to c0 k utilizethe allotted site it would include the basic k I aInenitiesonlyand not the amenities which are to 1 CD be provided for the entlre township and neednot 1 be conflned to one urban area only The 1 I Il are thus under a legal V2 Z obligationto provide the basic amenities and 4V 0 comple the works before the 1 2 is offered r V C 1 r 1171 Similarlythe liabilityof an allottee to pay 1 1 I interest on thebalance allotment priceshall accrue I 08 from the date of offer of only which lll turn can be offered only Oll completionof 1 IC works It means that unlessthe works of basic 3 Z amenities are the t authoritiescannot chargeinterestfrom the allottee 1 r The contentionraised behalfof the Il on 1 1 that the completionof work V 1 2 1 basic amenities is not a bilaterally agreed precondition for charginginterestfrom the 1 allottee is thus totallymisplacedand merlts 1 1 In view of the above referredprovisions e imposlng obligations upon the the laid down by the I j Honble Supreme Court in a recerit klecisionln 1 Z UT ChandigarhAdministration v Amarjeet r Singh8z Ors SCC 660 also do not come to the rescue of the The HUDA 1S a 1 statutoryauthorityconstituted to act as an 1 t extendedhand of the welfare State It has to act 9 strictlylll accordance with its own Regulations Sincethe local commissionerhas found as a matter 1 of fact that the workscomprising the 1 1 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 416 1 rl4e r P 1 cwp No1122 of2003 8 other connected matterS 14 1 basic amenitles were in June 1992 1 1 haveno hesitation in holdingthat the petitioners are liable topay interest witheffect from l61992 onwardsand not priorthereto 13 1 9 LearnedSingleJudge111another case ofPawan Kumar vse State of 1 Haryana and another CWP No8129 of2008 decidedon 12009 while l I t the rightsof the of the Market Committeeobservedas under In thisview ofthe matter there can be no escapebut to C h61dthat the havingdefaultedin paymentof J 74 due installmentsas perthe agreedSchedule the Cm Z have lld it liable to pay penaland C2 as per the agreed tenand conditions 1 4 ofthe allotment and no direction for the refutld thereof Z 1 1 can beissued m The writ petitionis of accordingly I Single Bench ofthis Court in a bunchofwrit petitionstitled 08 1 r asBir SinghNain and others vs HaryanaState Agricultural Marketing 1 Panchkula and others CWP Nol2018 of 2008 and 1z Board C other connectedmatters decidedon observedas underl 1 vV 1 The standof the Board that basic amenitieswere ptovided at thetime of allotment is by th2 Under the writ petitionthis Court will not 1 1 1 this issue Since the matter has alreadybeen decided by a SingleJudgeof this ourt relyingupon in Mls Investments Case lpral 00 haverightlypaidthepenalinterest herefore J are not entitledto any refund for making 1 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document p 417 1 14 m4414 6P J CWP No1122 of20030 other connected matters 15 of extensionfee and penalinterest t I7 While similar issue Honble SupremeCourt in the case of UT Chandigarh Administration c Anre Vs AmarjeetSingh8c Ors 1 JT 2009 41 SC 39 relied upon its earlier judgmentin the case of 1 1 MunicipalCorpration Chandigarhv ShantikunjInvestments Pvte 1 1 Il Ltde 2006 11SCC 109 and various other and observed as 3 1 1 under 1 183 As per the terrhs of allotment upon 0 paymentof the 25er cent will loe 0 handedover and rest ofe 75 per cent of the e C0 leasedamount to be paidin a ie 111threeannual installmentsalongwitl Ie I 1 interestat the rate of 10 per cent If someone wants C9 to depositthe Whole of the 75 per cent of the amount he can do so In that case he will not be required to pay any interest But if a partywants to Z makepaymentwithin a periodof three yearsthen 1 he is under the obligationto pay 10 per cent intereston the amount of installment This is the obligation OI1 the part of the allottee as per the 7 conditionof lease and he cannot get out of it by 7 4 I sayingthat the basic amenitieshave not been 4 1 provided for enjoying the allotted 4and therefore ClO he i not liable to pay the interest 4r 2 eWeaskedthe learnedcounsel for theparties to tell Z us whichis the of the lessor in the lease deedwhich saysthat theywill not chargeinterest 1 0 on theinstallmentsbeforeproviding the amenities 1e There is neither any condition in the lease nor any e underthe auction If the parties have giventheir bids their eyeswide open they have to blame themselves It cannot be enforced by any mandamus as there is no obligation containedin the lease deed or in the auctior notlce ll 1 1 1 Therefore it is evident that a lesseelsuccessful bidder cannot seekresculingof the instalments of premiumor of accrual of the interestpayable as per rules 9 20We are not in a position to accept the 1r submissionof Shri Bhandarethat equityWould not demandcharging of interest even thoughthe plots 1 Anita 2014.04.21 15: 34 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 4 1 418 4 1 I i 1 21 WP Noe1122 of2003 8ther connected matters 16 are yetto be illy developedWhen parties l into contract theyare to abide by the terms and 1e conditions of the same unless the sam le inequitable In the presentcase question of equity does not reallyanse inasmuch as the condition r6lating to interest is founded on a statutoryrule vires ofwhich has not beenchallenged It 1 24 But the facts of this case are completely different The auction sale was in December 1996 The National Commission has recorded a flnding 1 2 that almost all the facilitieslamenitieshad provided in the 57ear 1999 that is within about two years 1 Therefore the observationsofthis court in para 38 1 of will have no pplications to these cases particularly as theywere made in the context l O of a writ proceedingwhereas we are concemed f 0 with a under Consumel Protection 1 1 Act We may also refer to anotheraspect Section 7 I Ia of the Act empowers the Central Government to CD Ievy such fees and taxes as it may consider l I necessary6whlchshall be in additionto any fee or r tax for the timebeingleviableunder any other law i Z in respectof any site or buildingon the transferee or the occupierthereof for the purposeof m providing or any amenity C2 at This provisionclearlydemonstrates 1 f that the providingamenities is not linked to I auctlon of plotson lease