IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.4483 of 2009 Date of decision: March 21, 2009. Jagdish Chander ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Raj Mohan Singh, Advocate, for the petitioner(s). ORDER Surya Kant, J. - Notice of motion. Shri G.S. Attariwala, learned Additional Advocate General, Punjab, accepts notice on behalf of respondent No.1. Keeping in view the nature of relief sought in this writ petition, he is directed to accept notice on behalf of respondents No.2 & 3 also. The petitioner seeks a direction to respondents No.2 & 3 – Improvement Trust, Amritsar to charge non-construction fee and other penal charges as per the govt. instructions dated 22.4.1999. He also seeks a direction to them to provide basic amenities at the site so as to enable the petitioner to raise the construction. The petitioner is an allottee of plot No.125, measuring 304 square yards in the Truck Stand Scheme Transport Nagar, Amritsar. It is the petitioner's case that there remained a litigation between the Improvement Trust and Punjab Wakf Board, as well as one private person, Bhim Sen s/o Puran Chand, regarding the subject site due to which the possession could not be delivered to the allottees. Meanwhile, the Trust has asked the petitioner and other allottees to pay the non-construction fee as well as penal interest, a substantial part of which has been recommended to be waived off. It further appears that those charges have been assessed by the Trust as per govt. policy dated 22.4.1999, which is directly on the subject. However, instead of asking the petitioner to pay those charges as per the said govt. policy, the Trust vide its letter dated 27.3.2008 (Annexure P-3) has sent the matter to the State Govt. for its necessary approval. It is the petitioner's case that no decision has been taken by the State Govt. so far and as a result thereto, he is still waiting for the waiver of the non- construction fee. Having heard Learned Counsel for the parties and keeping in view the nature of relief sought in this writ petition and the fact that necessary recommendations have already been made by the Improvement Trust, this writ petition is disposed of with a direction to the respondent No.1 to take a decision on the basis of recommendations dated 27.3.2008 received from the Improvement Trust, in accordance with govt. policy dated 22.4.1999, and communicate the same to the Improvement Trust as early as possible but within a period of four months from the date of receipt of a certified copy of this order. Let a copy of this order be handed over to Shri G.S. Attariwala, learned Additional Advocate General, Punjab, for information and necessary compliance. March 21, 2009. [ Surya Kant ] kadyan Judge