413 0 IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH 1 CWPNo 407of2010 Date ParveenKumar eePetitioner Versus StateofHaryana andothers 2 CWP No 19936of2009 Madan Mohan and others Petitioners Versus W C StateofHaryana and others 3 CWP No 511of2010 0 C Om Parkash Petitioner Versus C5 State ofHaryana andothers I e 4 CWP No 13860of2009 Z RajKumar son of SadhuRam 8 others mPetitioners 2 Versus t StateofHaryana and others I 5 CWP No 14506of2009 t Lekh RajSoni c another Petitioners Z Versus 0 Haryana Marketing Board another t 6 CWP No 14547of2009 2 Lalit Kumar 8 others Petitioners 1 Versus HaryanaAgricultural Marketing Board 8 another 7 CWP No 15394of2009 Mls DarshanLal Sanjeev Kumar 8eothers mPetitioners Versus StateofHaryana and others Respondents 8 CWP No 19533of2009 Mehtab Singh8 others Petitioners Versus StateofHaryana and others Respondents 1 Pooja 2014.04.11 15:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 414 11 e O CWP No 407 of2010 2 9e CWP No 14760of2009 KashmiriLal aPetitioner Versus StateofHaryana andothers 10 CWP No 17252of2009 RichhpalSingh Petitioner Versus Stateof Haryana and others 1 CORAM HONBLE MRJUSTICE PERMOD KOHLL Present Mr SS DinarpurAdvocate for the 0 C40 Mr RD Sharma DAG Haryana I C5 Mr Amit Sharma Advocatefor no2 to 6 e 4 PERMOD KOHLIJ ORALI Z All these petitionsinvolve common of Iaw based C uponidentical facts These petitions are being ofby I this common order Z e Sincetheissues are general in nature factsof each case are not 10 beingdiscussed However resume of the factsis beingnoticedfrom CWP wmo No 407 of2010 Z Market Committees Bhiwani and Pipli issued advertisementsinviting for purchase of plotsin open auctlOll 111New Grain Markets establishedin these districts All thepetitioners allottedplotsin the open auction 250Ioof thebid were money was to be at the initial stagewhereasrest ofthe 750Iosale pricewas to be deposited within 30 daysof thereceiptof allotment letter without interest or in half yearlyinstallmentswith interest c of 75Io per annumaccruingfrom the date of issuance of allotment letter One of the conditionsin the allotmentletterrequired the allotteeto complete the r Pooja 2014.04.11 15:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 415 1 94 CWP No 407 of2010 3 constructionwithin one yearfrom the dateof allotment It is common case of all the that neitherthe site was readyfor constructionnor was offeredto the despite requests no6 vide letter dated191986 askedthe to deposit thetotal within 15 daysIt is statedthatthe the amountof installmentsalongwith interestandpenalinterest It is case of 1 thepetitioners that despitedepositof the amount in some cases the L was not deliveredby the Market Committeeand 0 C0 from time to time for deliveryof physical of the I C5 allottedplotsSome ofthe however startedraisingconstruction Z and the constructionof sho Petitionerwas issued a show Z cause notice dated2532006 conicating whythe plotbe not resumed for raisingconstruction without obtaining and demarcationv C2 Petitioner that he has raisedthe construction in the I r year 2007 He was issued anotherletterdated2272008 to appearbefore Z theauthoritiesfor violation of theconditionsno12 and 17 of the allotment r C letterIn the meantime the issuedan advertisementdated m Z 2472008 granting extenSlOIl of l Iz years for raisingconstructionto the l1 allottees who were allottedplotspriorto 102000 In responseto the the petitioner communicatedto the that ln vlew ofthe latestpolicydecision dated2472008 thepetitioner is entitledto raise construction It is thaton this replybeingfiled thenotice issuedto the was not and to the contraryanotherIetter dated 1822009 was issued Rs2751001 as noneconstruction fee for theperiod we l61987 to 31122008 in the lightof the decision of the boarddated1412009 Petitioner an Pooja 2014.04.11 15:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 416 J3 1 4 CWPNo407of2010 the demandbut thesame was not considered The filed CWP No 8151of2009 titledas ParveenKumar Vs State Thispetition was ofwith a directiontothe of Haryanaandothers to decide the within a periodof threemonths80m the date ofreceiptof certifiedcopy of the order The of the hasbeen vide order dated 1 1692009and the have this Court and 0 followingreliefs 0 0 i issue a writin the nature of Certiorarithereby the notice dated1822009 AnnexurePe109 videwhich an I is beingdemandedfrom the amount t5 as feefor theperiodfrom l6987 to I 31122008and lso for the orderdated AnnexureP139vide whichthe Z by no and C1 6iil issue a writ in the nature OfMandamusthereby directing t iii9 also for directingthe not to chargeany non Z fee interestor penalty etc fromthe and to bythe on his plotallottedbyMarketCommittee QO 1 mentionedin theallotmentletter 1 S7 terms8c Z P19 or Qw in the replyjustified their action and demandof nonconstructionfee on thegroundthat the failed to raise constructionfor numberof years It is furtherpleaded that therewas no 4w of deliveryof physical of the plotas the allotment itself was the modeof deliveryof It is also pleaded that the raisedthe constructionwithout demarcationandsanctionfrom the and thus the constructionraisedby the 1S competent illegal Pooja 2014.04.11 15:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 deP0 417 49 5 CWPNo4070f2010 issue has been consideredbythis Court in a bunchof writ beingCWP Noe 1122Of 2003 titled as Raksha Rani Vs HSAMB and and otherconnectedmattersdecidedon 6122010 On considerationof the various relieduponbytheauthorities includingthe of Honble SupremeCourt in case of UTe Administration and another Vse AmarjeetSinghand j others as JeT 2009 41SC 39 and MunicipalCorporation 0 Chandigarh Vs Investments Pvte Ltde as 2006 0 0 SCC 109and followingobservationshavebeenmadele 9 4r l9 All cases tofling rules I dated1032000 shall be bythecontract Underthe contract thereis no conditionor covenantthat theliabilityto Z payinterest penal interestshall be upon n amenitiesSuchoftheallotteeswhowere allotted L plots priorto 1032000 are liable to pay interestandpenalty I in accordancewith the terms and conditionsofthe allotment t3 Z letter 21Suchoftheallotteeswho were after2000are 00 liableto pay interestand penal thedate0Herof r m was made The is to be the Z dateofbasicfacilitieslike roads water supply Cla are madeavailable Thustheliabilityto pay interest underthe becomes the date basic facilities are provided andpossession is 0Hered 3l In sofaras theliabilitytopay is concerned at the timeofallotmentofplotsin theyear1988 therewas no either in the contract or any statutoryprovisionfor payment of extension feeExtensionfeefor thejirsttime came to be decisiondated29A1998 and thus becomespayableonlyin respectofplo whereconstructionhasnot beencarried out in accordance withthe terms andconditions dated Pooja 2014.04.11 15:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1j7 e CWPNo 407 of2010 6 29A 998 37 Issues beingsimilar these petitions are being of in termsofthe Copyofthis orderbeplaced on eachconnectedflle PERMOD KOHLII 4 JUDGE 265020110 lucky 0 elO 0 lA0 r Z m smv Z 0 Pooja 2014.04.11 15:06 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document