1 1 415 1 N01122 of2003 8c other connectedmattOrS 1 CWP IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATEOF DECISION 601202010 Ir 1CWPNo1122 of2003 RakshaRani Petitioner VERSUS 1 HSAMB and others Q e e 0 2eCWPNo0153 of2004 l C 1 RameshChand CV5 eeePetitioll Z VERSUS HSAMB and others Q Respondcnts 3eCWPNoe16182of2009 06 Ashok Kumar 1 eeePetitioner t mmo Z VERSUS 1 t1 StateAgriculturalMarkctingBoard and others e e 4CWP No16787 of2005 SurinderKumar eeePetitioner 1 1 Cea VERSUS StateAgricultural MarketingBoard and othcrs 1 Rcspondents IeY Ae 5eCWPNo152 of2007 1r emm7mr4SSMeWnw W 3 411 11 s1r r 311 lEv1 1 evrwwesmwvW 2 rv Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 416 1i 1J 3 1 of2003 other connectedmatters 2 CWP Sarla Devi OeePetitioner f 1 VERSUS and others 1I e e 6eCWPNoe5202of2007 1 ShankuntlaDeli la eeePetitioner 1t VERSUS 0 and others C e e 1 n 7CWP No781 of 2008 Kalicharanand others Z Q VERSUS t StateAgricultural MarketingBoard and others 14 e e C45 Cl2 8CWP Noe20142 of2009 4t AshwaniKumar and another V3 Z 0eePetitioners VERSUS J StateAgricultural MarketingBoard andothers e e 9CWP Noe20141of2009 1 Jai Parkash 1 11 OeaPetitioner 6We I I VERSUS Haryana StateAgriculturalMarketingBoard and others e t e eeRespondenls 100CWPNoe217 of2010 1 1 9Wr Vemnww ym 9emmeme memr e m5791S1WWW re 6 Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 8r 4 417 d 3 of2003 8 other connectedmatters 3 CWP 1 b BaIwant Rai OeePetitioner 1 1 1 VERSUS and others Respondents 110CWP No18076of2009 PardeepKumar eeePetitioner 1 1 Q VERSUS r C StateAgricultural MarketingBoard and other 0 e e D 12CWPN018096of2009 1 1 I Tara Rani eeePetitioner Z 4 Q VERSUS StateAgricuIturalMarkctingBoard and others e e 708 C 13CWPNo18095 OF 2009 RadhaKishan and another SW 2 000Petitioners e VERSUS 1 StateofHaryanaand others 0 e 14CWPNo4064 of2010 SunilKumar Sareen 1 1 OeePetitioner vem 1 VERSUS StateofHaryana and others 41 Respondents 1 I s 1 WW4mP rer wnv rsmmr v mlmmmW e VV Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 418 1 ri No1122 of2003 8 other connectedmatters 4 CWP 1 P CORAlVI HONBLEMRJUSTICE PERMOD KOHLI 11 PRESENT forthe 1 MrCB Geol Advocate 1 MrAK JangraAdvocate MrAmitSharma Advocate m 0 for 1I 0 Ca3 PermodKohli Je 9 I t thesepetitionsPreciselyspeakingtllc Z Controversy is common to are the actionof the in charging 1 feeinter6stand penalty from them for permlsslolto extension 1 6 over theplotsallottedtothemin various areas J ralse ClO claimis madefor refundof lhe in the StateofHaryanaIn some petitions aw Z interestand alreadydeposited Petitionersin a11thes6petitions were Om allottedplotsby the for different commercialpurposcsfrom 14 timeto time In view of the of reliefclaimedit is not neccssaryto advcrt to factsof eachand every case brief factualmatrix is noticecrom 1 CWPNo1122 of2003 I eeme Market Kalka referred to as lhe J by a general auction notice invited applaons a0 for allotment l the Grain Market to bedcveloped by HaryallaStale Agricultural Board namelyKalka Mandi Besides givirlgthe 1 9rm z a 4 Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 419 r 4 of2003 c other connectedmatters 5 CWP 7 to be provided 1I1the New of the area various other Market were indicatedThe extract of the above auction Grain 1r notice is hereunder This mandi is beingdeveloped with the modcrn 44 1 themandiis beingmadcfor Io Proper lrl way Cadda shedsPark and Rest HouSC pucca Latrines Cooler Water electricitysewerage m shedsandfor their drinkingwater Work of and r1 1 puccaplatform and havebeen Facility Il 0 0 andpostofflce will also be in tllC of bank CD mand 59 Jbp was to be madethrough open auction The payment was to 1 1Z with thefollowingschedulel bemadelIl Ir bidamount will haveto be llt lhe C 3114 ofthe spot 41 Olj auctionpricein full can be within QO from the dateof withoutintercstOr 1 1 ame one 1 1 Z the samc can be Ill thrce years in 6 Il easy On the balanceamount 11 of the interest at the bank rate would 1e 1t 61 It leviable e e 15 11 Ir to construct the shop 4a The was under 1 within one year asper thedesignfthe Market Colnmitlee for allotment of plotand 111the The petitioner heldon 1521983 at Kalka Bid of thepclitioner was and Ii auctlOO 40 1 was allottedplotnos47 and48 measuring 16 x 50 for all J the 1 f a n v Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 420 P J 1 1rt 1 Il 6 CWP No1122 of2003 8 other connectedmatters 1 moneyof Rs80001was towardsthe 14 amount of Rs32000 price of theplot The balanCeamOU ofRs240001oeing750Ioof the sale to be either within 30 days 0f the receiptof the pnce was allotment letter without or in three instalmentswith interest at the rate of7 1z010 in thefollowingorderl I7 J of of Amount of Interest Total RClllllrks No Date l insalment l instalment 1n I1500 Rs8150 1 5 2583 e 1 e e e Is6001 Rs86001 25183 1 0ee ne e 1 R87Ol Rs8300 3rd 2584 I Rs300 1 1r t L 3 n 0 4 0 from the interest leviableon by instalments the a covenant for of penalty for 1 C allotmentletter also e jtion of penalty is paymentClause 6 relatingto C Z hereunder Il A 1 For l default 5Io For 2 default 7 1zIo 06 b4 For defaulter 10 fJ0 r that of the allottedplotswas not giventill It is alleged m Z claimsto have madea requestfor handingoverthe 14 2001 The petitioner C vide letter dated1782001 lnnexure l The petitioner was possession r t asked to depositthe extensionfee before possesion vide letler dated 692001 P8 It was also indicatedthatthepetitioner hasfailed f letterswhereby constructtheshopThepetitioner placed on record some 1 to 1 1 e of Executirle Offlcerume requestwas made for Secretary Committeevide its letters dated1572002 0Annexures l 14 and P15 askedthe petitioner to depositextension feeof Rsl521 001 el forconstructionof the shopiS granled The for each plotbefore extension 1 however for waivingoff the extensionfee viclc lcttcr 117 s341e Ww 14 r Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 421 1 S4 011 1 5 7 of2003 other connectedmatters n19 CWP rr dated3172000 6AnnexurePml6In the year 2000 HaryanaGovernment 1 framedRules HaryanaState MarketingBoard Sale 4 Rules 2000 hereinaftereferredto as the 2000 of Immovble Rule9Rule 40fthe aforesaidRule relates to salebyallotmentand sulorule 659 the mode for making The modc of is as under 1 1 XXX XXX XXX xxx m 65The balanceseventyfivepercentof thepriceof plot e1P eitherbe withoutinterest within thirty may 0 0 daysfrom thedate of issue of allotmentletter or 111SlX 1 1 C halfyearlyinstalmentswith flfteenpercentinterest Ol at ofinterest as may be by the Board such rate 4t Z time to time The flrst such instalmentshall fall due from C a8ersix monthsfrom the date of allotment lctter 1 J 1r However interest on shall accrue from the 06 date of offerof 51 1 r t ofthe aforesaidRule furtherdeals with the which Rule 5 m Z readsas underl 0 1 5The of the plot shall be offered to the 1 4 allotteebythe Executive Market Committee within thirtydays from the date of isslle of letter If minimum basic facilityee roac C 1 water electriflcation are existingand if the said 1 basicfacililies arcnot theil afler the saidbasicfacilities 53 1 er Ir Ir W 41 4 Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document t9maCtm 422 1 J a 1 rt J No1122of2003 other connectedmatters 8 CWP 5 Sub Rule 5 of Rule 4 and Rule 50f the 2000RuIe was amended Ir videnotiflcation dated52002 as underl 1 4 and in sub rule the words and signs In rule 1e However interest on instalmentsshall accrue from the date ofoffer shall be addedat theend In Rule5 after the words allotmentletter the words letters andsigns if minimum basic facilities 1eCerods 1 m and electrificationare existing saidbasic facilitics are lexisting thell after andif the 0 1P 0 saidbasic facilities shall be added al the the 5 end 33 1 I The placed on record certificatedated72004 Z to ldicate that the constructionwas on 3022003 1 a C 21 Another communicationdated 26 12009 has been filed as Annexure C Pm31which indicates that water supply in grainmarket has startedsince Oll ao 26112007 The has placedon record to establish 4 that thenecessaryamenitiesin the area have nol been provided eVCIl till mm Z 2009 Dm To thecontrarythe in their replyhavepleaded thal the 1 I2 basicfacilities such as platforms streets electricitywater supplyroadsand offcebuildingetc have been providedin the Grain MarketsIt is furlller statedthat second 1 auctionofplot conductedin the same markel on was ea 30111990and 24 out of 25 plotswere sold It is accordinglypleaded that 1 this establishes of certainfacilities cven in the year 1990 It is furtherthe case of the that thepetitioner was not in6erestcdin constructionof theshopsThat is whythepetitioner wted for 20 yearslO 1 1 Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document alr 423 m 1A0 9 10 CWP It is also statedthat the seemsto have ralse construction also statedthatthe did theplotfor reesale of earnest money and it was notpay the after initial payment onlyin April 1989 thata sum of Rs325001was againstPlot 1 1 A notice dated95988 was No7 andRs300001againstplotNoA8 to start andcomplete theconstruction ond served upon the Il and thus theplealhal this the petitioner did not start not handedover till August 2001is not well founded possesslon was 0 details of the madeby the it has becn 0 C5 the balance amount of priceof the plotwas paidby the mentioned tD 2011986 t0 for Plot NoA7 and belWeell petitioner os9 for Plot NoA8 havealso pleaded that 1821986to Z theyear 1984but she did not offered to the 111 possesslon was e upon the policydecision dated Q ake have t extensionfee in all cases 291998 was taken to O lapsed on 1 61987 wheretwo C andin view of the conflicting 1 the of the petition mm Z of facilities this Court vidc its of the parties ll Local Commission inspectthe sile in order dated188003 a MandiThe Commissionafter spotinspectlOnsubmittedhis rcport Kalka 4 dated22003The that the of the area and very few shopshave been constructedThe lIl 1S Very 4 eJ and are in bad condition Electric polls roadshavebeen partly havebeeninstalledbuttheelectricityis availableonlyon Wednesdaylt is furthermentioned though water tank was constructed howel thcre is 1A1 of water supplyThe seweragesysteminstalled is not workiilg no men Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document t 424 9 l a of2003 8 other connectedmatters 1l CWP The area is beingused for parkingof buses and other vchicles From the 1 on record il also appears that there are very few Is constructed Some constructions are Roads havenotbeenproperlyconstructedand even wherethere is a road it is not metalledThere are here and there Electric pollsarc visible 1Ilc landis uneven Trucks busesand cars are oarkedin a mannel Oll 1 J takenin November2009 Some of these were various 1 with a d datedcamera 1r 1 l replyof the alsodoes not establish that all lhc 0 The O facilities are positionnor anydetailsof facilities givenIt 111 I i Cl inferredfrom theabovementionedfactsthat canbe safelyand thefacilities har7enot been as per thegeneral auctionnotice issuecl Z as far back as in theyear 1984 Thoughthe have pleaded t hat e offered in theyear 1987 however thereis no suchrecordto possession was their contention Both the sides have relied upon variOlIS 06 of this Court andof the Honble ApexCourl It may beusefulto clo t 1 relieduponbytheparties P m noticesome ofthe 2 A Division Benchof this Court in the case of PankajSharmaand Qm 14 others vse State and others 200331 PLR 790 while relying earlier Division Benchjudgment of this Court titled as Mlsl Makhan Lal DalipSinghetceve HeSAMeBe CWP N004241of 1992 decided 011 m held as under 1 1 41n view ofthe aforesaiddiscussionwe allow thiswrit and direcl the to providewatcr supply and sewerage facilities and rothr facilitiesas mentionedin the sanctionedbuildingplans to all the 1 1 4mwr Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 425 j f 1 1 of2003 other connectedmatters 11 CWP plotholders ln theNew Grain MarketNaneolaDistrict 47 1 4mbalawithin a period of one year Itis furtherdirected thatthe wouldnot interest d penal 1 Il till the water and sewerage interestfromthe facilities are to them in the New Grain Markct It isalso that the pctitionerswill raisc on the allottedplotsas 1 within a periodof two years from the date of C providing ofthe water andseweragefacilitlesin the Ncw 0 0 the melwhile tlle Grain Market H0wever 111 CD will to pay instalmentsofthe price fixedwithout interest The clause of intcrest Ir e already Z wouldcome into afterfacilities of watcr t to thd petitloners lll r supplyand sewerageare r the new Grain Market If the commitany 08 paymentof instalments in thc default 111 1 J 1 aforesaidmanner theywill be liable to pay interest Oll mmo Z in the lotment letter the said default as Qe Whatever have fallen due till today thc shallpay the same to the withina 1 of two months If any new defaultin thepaymenl d of instalmentsis the would bc tl liable to payinterestalso 33 Another Bench in the case of Mls Fateh SinghJitender 1 Kumar vse State of Haryana and others 2000 31PLR 2 also the earlier Division Benchjudglnent in the case of Mls Makhan 9 eIW A r Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 11 426 J J t I 14 12 CWPNo1122 Of2003 otherconnectedmatters ve and other in thc Lal DalipSingh SinghKang v 1999 caseof 219DBI whereinit hasbeenheld as underl PLJ I6 and Ie7 relied upon by 11 The roads Jl ShriHooda do not in any manner supportthCcase set Ull by the A careful of lhe order 111 NkhanLal DalipSinghandothersv Stateand lvllsMakhan Lal m others6suprashowsthat Q 1r with thepleathatit coulcl DalipSinghhad come 0 0 startconstructiondUetO lackof water and seweragc not C and also because the electricwires werc for lIlC over the plot The r J Z seems to have on a for thel to l realisation that it was Ipn of lhe existence of electric eralse construction because 02j overthePlOtagreed to the ofcondition wlres 0 1 1 bythe court thal interestshallnot be on tloc aw Z Theorder passedin CWP amountof instalments tl but a reiterationof the No10948of 1993 is case direction givenin Mls Makhan Lal DalipSinghs considered view cannot supraIhepetitioner 111OUT take of those orders becauseas r his own l I showingthe has been and and have been made available to it e 1 A Single ofthis Court in the case of Vinod Mittal and others Pooja 2014.04.09 13:22 True 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 427 t 1 rt 1 P of2003 8c other connectedmatters 13 CWP 1 4 vse State f Haryana 8c Ors 200911RCR Civill 5281 considering 1 1 similarissue in this context and various of HUDA held as underl 1 4 161 On a readingof the relevant of theHluDAAct and the 1 be said 1 i it that the basic amenities can r when the inetaledroads 1 to have been 6 wholesomewater sewerageandelectrification1S 1 and lnadeavailableto the allotteesThe 1 amenit lS a wider which includes 1 activities like the tourist spots open space parks 1 Thoughthe expresslOll 1 and play fields etc tr work hasnot been definedunder 1 the HuIoA Act or the hOWeVerfO 0 the limitedpurpose of enablingan allottee to r C0 utilize the aotted site it would includethe basic amenitiesonlyand not the arnenitieswhich are to 0 be tr the entiretownshipand need not be conflned to one urban area only The C are thus under a legal obligation to the basic arnenitiesalld Z the works before the isoffered posseSSlOO 0 1 11 7J Silnilarlylhe liabilityof an lllottee to pay 1 thebalance allotlnentpriceshallaccrue intereston fromthe dateof offerof onlywhich in 1 Ol turn can be offered only on of works It rneansthat t unlessthe works consisting of basic V the Z amenities are cannot chargeinterestfroln 1heallottee Qm The raisedon behalf of the that the of work basic amenitles is not a bilaterally for charging lnterestfrom the 1 aotteeis thus totally and meritS 1 In view of the abovereferredprovisions m lmpOS111gstatutory obligations upon the the laid down by the Honble Supreme Court in a recent decision in UeTe Administration v Amarjeet Singh Sz Orse 20096lSCC 660 also do not come tothe rescue of the The HUDA ls a authority constitutedto act as an 1 extended hand of the welfare State It has act Ue strictlylIl accordance with its own Sincethe local commissionerhasfound as a matter of fact that the works the 1 1 rlllw49 4rn e wl Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 428 1 dt P 140 1 CWP 1 I l basicameniticsWCre in June 02 1 that the petitio haveno hesitatlOnlll terestwith effect from l61992 are liable topay and not priortheretoe Il case of Pawan Kumar vse Stateof Learned SingleJudgeln 1252009while CWP No8129of2008decidedOIl Haryana and j Committeeobservedas l of the allotteeof the the 1 underl b11 n In this view ofthc matter therecan beno escapebut to Im defaultedin payment of Q holdthat the petitioner 1 1 0 per the agreedSchcdule the clue installmentsas 0 liableto pay penaland have rightly held it C5 termsand conditions 4 of the allotmentand no for the refundthereof Z Il canbe issued m tr writpetition is of The 1 1 ofthis Court in a bunchof titled 08 AnotherSingleBench 1 00 asBir SinghNain and 1 em and othersCWP of 2008 and r Z Board Haryana Om of the Board that basic amenitieswere The r provided at thetime of allotment is by the Under the writ petitlonthis Court will not 1 J e 1 this issue Since the matter has alreadybeen decidedby a SilgleJudgeof this Court relyingupon in Mls InvestmentsCase 6supral 1 4119 haverightlypaidthepenalinterestTherefore 1 1 are not to any refund for making FAVMIW 3PSK TwL 9W Ve Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 429 f 9 1 J 1 CWPNo1122 of2003 O other connectedmatters 15 of extensionfee andpenalinterest 79 J similar issue Honble Supreme Court in the case While 1 of UT Administration 0 Anre Vse AmarjeetSingh Orse JT 2009 4 SC 39 relied upon its earlier judgment 111the case 6f 1 Municipal Chandigarh v ShantikunjInvestments Pvte 1 Ltd 20064 SCC 109 and various other and observed aS underl 1 183 As per the terins of allotment upon 1 0 of the 2oer cent wi be handed andrest of the 75 per cent of the 0 Over leased alnount to bepaidin a manner 1 e 1 Ca5 three annual installmentsalollgwith ln 1 interest at the rate of 10per cent If someone wants C49 to the whole of the 75 per cent of the amount hecan do so In that ase he will not be A to pay any interest But ifoarty wants to Z nke paymentwithin a periodof threeyearstheh he is under the obligation to pay 10 per cent 4 lnterest on thealnount of installinelnt This is the Q obligationon thepart of the allottee as per the Ir 11 C conditionof leasc and he cannot gct out ofit by saying that the basic amenities halle not been 1 02j for enjoyingthe allotted land therefore he isnot liable to pay the intetest Oo a We askedthe Iearnedcounsel for theparties to tell Z US which is the ofthe lessor in the lease deedwhichsays that they ill not charge lnterest Cle onthe instalhnentsbefore the amenltles There is neitherany onditionln the lease nor any under the auction If the partieshave given their bids their eyeswide open they have to blaine themselvesIt cannot be enforcd by any manclamusas there is no obligation contained lrl the leasc deed or 111the auctionea me notlce Il 1 Therefore it is cvident that a lesseelsuccessful biddercanllot seek of the instalments of prelnium or of accrual of the interestpayable as per rules 95 04 20We are llOt in a positionto accept the submissionof Shri Bhandarethatequitywould not delnandcharging of interest even though theplots 1 1 Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 430 1 18 y 1 t CwP No1122 of2003 other connecled matters 16 yetto be fully developedWhen partiesenter are into contract theyare to abideby the terms and conditionsof the same unl6ss the sam be In the presentcase of eqdity does not really anse inasmuchas the condition relatingto interestis foundedon rule viresofwhich hasnot been Il I2 24 But the facts of this case are differentThe auction sale was in December 1996 TheNational Commission has recorded a finding thate almosl all thefacilitieslamenities had provided lIl the year 1999 that is within about two years Thereforethe observationsof this court in para38 1 of will have no to these C cases as theywere madein the context 1 0 of a writ whereaswe are concerned 0 with a under Consumer Protection Act We may alsoreferto anotheraspectSection7 of the Act empowersthe Central Governmentto CD levysuch fees and taxes as it may consider 1 necessary which shall be in addition to any fee or et1 r tax for thetilne beingleviableunderany otherlaw I l respect of any site or buildingon the transferee 1 Z ln 1 or the occupierthereof for the purpose of Il v providinglnaintaining or continuinganyamenlty 1 0 This provisionclearlydelnonstrates 1 at that the providingamenitles is not linked to r auctloll of plotson lease basis and the premiuin C45 paidis not for any amenityThe Central C12 Governmentis to provideamellltles by levyingfees and taxes inespectof siteslplots Oll 1 the transfereesloccupiers thereof Therefore it smv 1S Z doubtful whether any reduction in interestcould be madeon theground Cle of of amenitiesrBe that as it may As we halIe alreadyheld that para 38 wlll not 1 eapplywe do not proposeexamlne that aspectany furtherin thesecases 95 Even thoughDilision Bench of this Court 10 the case of Pankaj de Sharma and others supralruled thatliabilityto pay interestand penalty 1 accrues on completion of facilities However a Division Bench lIl the case of Mls Fateh SinghJitender Kumar upralhad expressed a differentopinionregarding theliabilityto pay interestand penalipterest111 Z the event of default The controversy has been now settled at rest by r Pooja 2014.04.09 13:22 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document V01 431 Il Ir t C 47 of2003 other connectedmatters 17 CWP Honble SupremeCourt in the case of Municipal Corporatioil Chandigarhsupralwherein it has been held that unless there is any r1 thepart of the authoritiesto provideamenities and the I l obligation Oll 1 of instalmentshas with the amenitiesto be of its liabilityto pay interest and penalintcresl 7 the allotteeis not theevent of default nor such a successfulbiddcr can seckrescheduling b lll of the instalmentsof premiumor of accrual of interest 11 1 1 Q as per ruleslcontract 2 1 Illt 4 0 5 and 60f the allotmentletterimposean obligation upon the j 0 V r 0 61 711 allotteeto pay the instalmentsas perthe schedule and in tlle 1 CD eventof default to paythepenaltyThe statutoryrUleswere framedin thc year2000againimposing a liabilityto pay intereston instalmcntsfrom tllc Z 1 date instalment is dueas is evident from Rule 4 659 Rule 5 further f 1