C.W.P NO. 4805 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 4805 OF 2009 DECIDED ON : 26.03.2009 Mahinder Singh and others ...Petitioners versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Arun Jain, Senior Advocate with Mr. Amit Jain, Advocate, for the petitioners. SURYA KANT, J. (ORAL) Notice of motion. Ms. Kamla Malik, Advocate, learned Standing Counsel for HUDA, who is present in Court, accepts notice on behalf of the respondents. Having regard to the nature of order which I propose to pass, there is no necessity to seek any counter-affidavit from the respondents. The petitioners are aggrieved at the rate of allotment as well as sizes of the shop sites which have been offered for allotment to them in New Auto Market, Hisar. According to the petitioners, the respondents are obligated to allot the sites of the C.W.P NO. 4805 OF 2009 -2- sizes equivalent to their shops which have now been acquired by the HUDA authorities. The petitioners also urge that the price of the sites offered to them is required to be determined on 'No Profit No Loss' basis, as was undertaken by the respondents before this Court on 02.04.1998 in C.W.P No. 5110 of 1997. Having heard learned counsel for the parties, I am of the considered view that so far as the size of the plots being offered to the petitioners is concerned, no interference by this Court is called for as the sizes have been carved out uniformally on the basis of the lay out plan of the Auto Market. So far as the price issue is concerned, the petitioners apprehend that while fixing the rate of allotment, the respondents have included huge element of profit, contrary to their undertaking given before this court that the allotments shall be made on 'No Profit No Loss' basis. Having regard to the limited scope of interference by this Court in the matters like fixation of price, I deem it appropriate to dispose of this writ petition with a direction to respondent No.3-the Estate Officer, HUDA, Hisar to furnish the detailed Statement of Accounts to the petitioners in a representative capacity explaining the mode and method of price fixation. On furnishing of these details, it shall be open to the petitioners to accept the offered allotment. The needful shall be done within a period of one month from the date of receipt of certified copy of this order. C.W.P NO. 4805 OF 2009 -3- The petitioners if still aggrieved, may take appropriate action in accordance with law. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 26, 2009 (SURYA KANT) shalini JUDGE