427 1 A OtT r CWP No1122of2003 0 other connectedmatters 1 1 1 IN THE HIGH COURTOF PUNJAB AND HARYANA AT CHANDIGARH f DATE OF DECISION 60122010 1 1eCWPNoe1122of2003 Raksha Rani eeePetitioner r VERSUS 1 0 1r HSAMB and others 2 ee 0 0 2eCWPN010153of2004 I RameshChand CD Petitioner I 1 1 Z VERSUS HSAMB and others 1 3eCWPNoo16182of2009 08 Ashok Kumar I CQ ePetitioner na Z VERSUS 0 State Agricultural MarketingBoard and others e e 1 4eCWPNol6787 of2005 t 1 Surinder Kumar Petitioner 1 1 C VERSUS State AgriculturalMarketingBoard and others 1 I o e v e e m 409 5eCWPN05152 of2007 1 6 1 1 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 E 7 428 r 6 7val 1 1 1 of2003 8 other connectedmatters 2 CWP 1 ee V r Sarla Devi easPetitioner 1 1 VERSUS 1 Boardand others 1 1 e e e 1 1 1r 6eCWP N05202 of2007 1 1 I4 ShankuntlaDevi Petitioner 1 VERSUS others 0 0 e e 1 I t C5 7CWPN0e1781of 2008 Kalicharan and OtherS eeePetitioners Z nP VERSUS Q others 10I Respondents 08 ClO 8CWPNolOl4of 2009 Ashwani Kumar and anOther 1 W13 Petitioners Z f r 1 VERSUS others RespondentS 9eCWP Nol0141 of2009 1 Jai Parkash 1 1 eeePetitioner I r naeeeo VERSUS and others oe 7 Respondents 10CWPNoe217 of2010 1 1 1 1 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 429 1 1 A 1 CWP N001122of2003 8 other connected matters 3 1 Balwant Rai 1 etitioner 1 VERSUS l HaryanaState AgHculturalMarketingBoard and others ee l 1 I e 110CWPN0018076of2009 PardeepKumar eeePetitioner Q VERSUS 0e Haryana State AgriculturalMarketingBoard and others 1 e Respondents I CD 120CWPNo8096 of2009 1 I Tara Rani 1 1 eeePetitioner 1 Z 1 s 1 0 VERSUS C HaryanaState AgriculturalMarketingBoard and others I 08 e e QO 13CWP No18095 OF 2009 Radha Kishan and another w 1 Z eeePetitioners 1 r VERSUS State6fHaryanaand others l e e 14CWP No14064 of2010 1 Sunil Kumar Sareen 1 Ir 1 Petitioner 4eee VERSUS 1 StateofHaryanaand others 4 1 1 1 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 430 el W 4 CWPNoe1122of03 R other connectedmatters 4 J CORAM HONBLEMRJUSTICE PERMOD KOHLI I PRESENT MrRaviKapoorAdvocateMrNaveen Bra Advocate 1 Markan Advocate MrJagatSinghAdvocate 1 for the MrCB Geol Advocate MrAK JangraAdvocate 1 MrAmit Shanna Advocate for f 0 i C I Permod Kohli Je CD f I 1 1 Z Controversyis common to thesepetitionsPrecisely the 1 1e the action of the in charging petitioners are m extension fee interestand from them for grantingpermissionto 05 over theplotsallottedto themin various areas raise 1 r 111the Stateof HaryanaIn some petitionsclaim is made for re8lnd of the 1 S m and penaltyalready Petitionersin all thesepetitions were J Om allotted by the for different commercialpurposesfrom time to time 1 In view of the nature of relief claimed it is not necessaryto advert to l factsof each and every case Howeverbrief factual matrix is noticed from 1 CWP No1122 of2003 p1 4e0004 Market Kalka hereinafter referred to as the by a general auction notice invited 4 for allotmentofplotsin the Grain Market to be developed byHaryana State 1 1 MarketingBoard namelyKalka Mandi Besldes givingthe r Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document I4 431 1 el 5 l CWP No1122 of2003 8cother connectedmatters of the area various other to be provided in the New location J Grain Market were The relevant extract ofthe above auctton 1 notice is hereunderl Thismandi is being with the modern C4 1 Proper in themandi is beingmade for n wa 1 Cadda shedsPark and Rest House pucca I l Latrines Cooler Water electricitysewerage 1 and cattle and fortheir drinkingwaterWork of 1 0 1 androads have been Facility 0 pucca C0 andpost office will also be provided in the 1 of bank Il I 1 CD mand 11 was to be madethrough open auction was to Z inaccordancewitlthe followingschedulel bemade j ei 3114 ofthe bidamount will haveto be at the 1 1 I spot cs5 auction pricein 6111 can be within 00 from the dateof without interest or I r one 1 av Z the same can be lll three years in 6 Ilo 1 I I 7 easy On the balance amount J of the instalments interest at the bank rate would be leviabl 53 11 I l i constructthe shop 9r 1 The was under obligationto 4mave l 1 18 ennl within one yer asper thedesignofthe MarketCommittee j 1I for allotment of plotand in the The letitioner 1 held on 1521983 at Kalka Biclof the petitioner wa cceptedand r auctiOll the was allottedplotIlOSe 47 and 48measuring16 x 50 for an 1 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 432 je1 1 1 No1122of2003 8cother connectedmatters 6 CWP amount ofRs32000 Earnest money of Rs80001 was towardsthe ofRs240001being75Io ofthe sale 1 price of theplot The balance amount 1 Pnce was to be either within 30 daysof the receiptof the f 1 allotmentletter wiutinstorintnents rateof7 1z0Ioin thefollowingorder l of l Amount of Interest Total Remarks No of I Date 1 in8alment t imem 255B3 Rs0001 Rs501 RsS150 1 2 e 22 T RsS0001 Rs6001 Rs86001 znd 2583 e e v e 1 m e ee RsS0001 IRs300 RsS300 0 3rd 1254 2 I l L12 0 C0 Apart from the interest leviable on by instalments the 1 I CD allotmentletter also a covenant for of penaltyfor I of penalty is paymentClause 6 relatingto 1 1 Z hereunderl r For l default 5Io 1 I For 2 default 7 10 e a5 Forsubsequent defaulter 10Io 1 CCl It is that of the allottedplotswas not giventill e7 Z claimsto have made a requestfor handingover the 2001 The petitioner 41 ll was 1 vide letter dated1782001 6AnnexureP79 The petitioner el 1 asked to depositthe extensionfee before vide letter dated f It was also indicatedthat the has failed 62001 P toconstructthe shopThe placed on recordsome letterswherebY 4 r e of Executive Officercume requestwas made for delivery I Committeevide its lettersdated 1572002 P Secretary 1e 14 and P 51askedthe petitioner to depositextension feeofRsl521001 41 for each plot beforeextensionfor constructionof the shopis The however for waivingoff the extensionfee vide letter Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document r 433 l 6 4 tre 1 1 CWPNo1122 of2003 8cother connectedmatters 7 3 dated3172000 P169 In the year 2000 HaryanaGovernment 1 1 State MarketingBoard 6Sale framedRules namely t of Immovable Rules 2000 hereinafter eferredtO aS tl 2000 Il Rule Rule 40fthe aforesaidRule relates to saleby allotment and sub rule 659 the mode for makingpaymentThe precrib6dmode of r is as unde XXX XXX XXX XXX Ir balance seventyfive percentof the priceof plot r either be without interest within thirty 0 0 8om the date of issue of allotment letter or in six C5 instalmentswith fifteen percentinterest or at 1 41 such rate of interest as may be oecifiedby the Board J Z fromtimto time The firstich instalmentshall fall due 0 after six months from the date 0f allotment letter Ir I interest on instalmentshall accrue from the 08 date ofoffer ofpossession 55 Il OO Rule furtherdeals with the which Rule 50f the V Z readsas under 5The of the plot shall be offered to the 1 1 allotteebythe Executive Market 11 1 Committeewithin thirtydaysfrom the date of issue of letter If minimum basicfacilitye roads Cme 1 watere electriflcationare existingand if the said r basic arenot existingthen aer providing the 1 1 saidbasic facilities e9 ae 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 434 1 4 7 6Z 7 CWP No1122 of2003 other connected matters 8 1 f Sub Rule 59of Rule 21and Rule 50f the 2000 Rulewas amended 1 r l videnoti8cati0n dated52002 as under 1e In rule 4 and in sub rule 59 the words 8nd signs 1 e instalmentsshall accrue from the However interest on date of offerofpossessionshall be addedat the end In Rule5 aRer th6 words allotment letter the words 1 letters andsigns if minimum basic facilities e rods 1 sewerage and electrification are existing Q 0 and if the said basic facilitis are not existingthen after C the said basic facilities sHall be added at the 1 4 I end 33 i I t placedon record completion certificate dated712004 The l Z to indicatethat the constructionwas on 3022003 64nnexure P r 21 Another communication dated 26112009 has been filed as Annexure 1 I 131 which indicates that water supplyin grainmarket has startedsince 08 1 26112007 The petitioner has placedon record to establish 1 no 1 3 that the necessary amenities 111the area have not been providedeven till Z 200 Q To thecontrary the in their replyhave pleaded that the 1 basicfacilitiessuch as streets electricitywater supplyroadsand 1 offlce buildingetc have beenprovided in the Grain Market It is 81rther t stated that secdnd auctionf plotwas conducted in the same market on 4ew 30111990 and 24 out of 25 plotswere sold It is accordinglypleadedthat this establishes of certain facilities even in the year 1990 It 1S 1 t J furtherthe case of the that thepetitioner was not intefestedin constructionof the shopsThat is whythe petitioner waited for 20 yearsto 1 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 4 1 435 1 e 1 4 Ie Nol122of2003 other connectedmatters 9 l CWP raise construction It is alsostated that the petitionerseems to have theplot for resale also statedthatthe petitioner did notpay the instalnnts after initial paymentof earnest moneyand it was 1 only 111April1989 that a sum of Rs325001 was againstPlot 1 J plotNoA8 A notice dated 95 1988 was NoA7 and Rs300001eagainst servedupon the to startand the cnstruction and 1 this the did not start and thus thepleathat r 1 not handedover till August 2001 is not well founded possessionwas r l e thepaymentsmade by the it has been C2 Givingdetails of 0 that the balanceamount of priceof the plot was paidby the I C between 2011986 to 211987 for Plot NoA7 and between I d 1 1821986 to for Plot NoA8 have also pleaded that 1 Z in the year 1984 but she did not possessionwas offeredto the 0 take have relied upon the policydecision dated I 291998 was taken to chargeextension fee in all cases 1 C45 r7 wheretwo periodfor constructionofshopslapsed on l61987 1 1 of the petitionand in view of the conOicting 7 Duringthe Z standsof th parties availabilityof facilities this Court vide its Qe orderdated1882003 a Local Commissionto inspectthe site in Kalka Mandi The mmission after spot submittedhis report 1 1 that the of the area dated292003 The 111 is very poor and veil few shopshave been constructedThe t W roadshave been constructedand are in bad condition Eclric polls 1 e have been installectbut the electricity is availableonlyon It is t furthermentionedthatthoughwater tank was constructedhowe thereis 1 4 no of water supplyThe seweragesysteminstalledis not working n Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 436 1 6 e1 V 1 CWPNoe1122of2003 other connected matters 10 The area is used for parkingof buses and other vehicles From the placedon record it alsoappears thatereare very few 1 Some constructions are Roads havenot been constructedand even where thereis a road it is not Il metalledThere bushes here and there Electric pollsare visible The are Trucksbusesand cars ararked in a manner on landis uneven 1 Some of these were takenin November 2009 VarlOUS j witha d datedcamerae 0 1 0 The of the also does not establishthat all the 0 nor any detailsof facilitiesprolIidiare givenIt facilities are in Z 6 CD canbe safelyand inferredfrom the abovementionedfactsthatI I thefacilities have notbeen provided as per thegeneral auctionnotice issued 1 Z as far back as in theyear 1984 Thoughthe have Pleaded that possesslOIlwaseofferedin theyear 1987 however thereis no such reCOrdtO I their contention Both the sides have relied upon various 1 ofthis C6urt andofthe Honble ApexCourt lt may be usefulto m r 7 noticesome of the reliedupon bythe parties Z A Division Benchof this Court in the case of PankajSharma and tl othersvse State and others 200331PLR 796while relying 1 earlier Division Bench of this Court titled as Mls Makhan i Lal DalipSinghetceVe HSAMeBe CWP NoA241 of 1992 decided on 1 5619931 held as underl 1 1 41n view of the aforesaiddiscussionwe allow this writ and direct the to water 7 and sewerage facilities and other as 1 mentionedin the sanctioned buildingplansto all the 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 v e 437 4 eV of20030 other connectedmatters 11 CWP 1 I l plotholders in theNew Grain Market Naneola District Ambala within a periodof one year It is further directed that the would not chargeinterestand penal 1 interestfrom the petitionerstill the water and ewerage 1 facilities are to them in the New Grain Market It isalso that he petitionerswill raise on the allottedplotsaS designwithin a oftwo years from thlate of C1 1 waterand seweragefacilitiesin the New of the 0 0 the meanwhile the Grain Market However in CD will continue to pay instalmentsof the price 1 I fixed without interest The clause of interest Z after facilities of water would come into operation supplyand sewerageare io thd pelitioners lIl the new GrainMarket If the petitionscommit any 08 default in paymentof instalments in thel C12 manner theywill be liable to PaY intereSt on 1 2 l Z the said default as provided lIl the allotment letter C Whatever have fallen due till today the shall pay the same to the within a of two monthslf any new defaultin thepayment 1 7 the petitioners would be J of installments1S Il liableto pay interest also 35 1 Division Bench in the case of Mls FatehSinghJitender 1 Kumar vs State of Haryana and others 2000 31PLR also r l r consideredtheearlierDivision Benchjudgment in the case ofMls Makhan 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 9 ve 438 14 Wmew L 1 l 1 12 CWP No1122of2003 other connectedmatters Lal DalipSingh etce ve HSAeMBe supraland other judgment in the 1 J case of Sukhpal Kang v ChandigarhAdministration 1999 PLJ219 DBI wherein it hasbeenheld as under1 l s1 roads Annexures Pe6 and I7 relied upon by 1 11 Tlie ShriHooda do not in any manner supportthecase set p 1 1 by the A care811readingof tlie order in Lal DalipSinghand othersv HaryanaState and 1 1 others supra9 shows that petitionersMls Makhan Lal with the pleathat it could 0 DalipSinghhadcome CO 1 not start due to lack of water and sewerage CD and also because the electric wires were plotThe counsel opearingfor the passlng over the 1 Z Committee seems to have on a 1 1 r C realisationthat it was for the petitioner to I because of the existence of electric ralse 08 wires over theplotagreed to the of condition 17 by the court that interest shall not be charged on the m Z D amountof The order passedin CWP J 0m N010948of 1993 is but a reiterationof the MlsMakhan Lal D4ip Singhscase direction glven lIl supra9The petitioner ln our consideredview cannot 1 1 1 em take of those ordersbecause as per his own 1 1 showingthe construction has been and and connectins have been made availableto it Ia 9 ASingleBenchofthis Court in the case of Vinod Mittal and others 7 1 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 439 e t A r V 1 2 1 k r 11 CWP No1122 of2003 8 other connected matters 13 1 1 e rr v State of Haryana c0 Ors 200941RCR Civill 528 considering r 1 e similar issue in this context and various regulations of HUDA held as k underl f n 1 1 61 On a combined readingof the relevant provisions ofthe HUDA Act and the Regulations it transpires that the basic amenities can be said k1 1 to havebeen completed when le metaled roads K n J 5 wholesome water sewerage and electrification is L and made available to the allottees The P ke nenity 1S a vvider which includes activities like the tourist spots openspace parks and play fields etc Thoughthe expression t work has not been defined under 11 the HUDA Act or the Regulationshowevei for 0 the limited purpose of enablingan allottee to 78 1 Il utilizethe allottedsite it would include the basic 10 I alnenitiesonlyand not the amenities which are to s 0 C5 e be provided for the entire township and need not be confined to one urban area only The r are thus under a legal Ire providethe basic amenities and fS Z obligationto 1 1 omplete the works before the h5 re m2 is offered i22 1 Ct 1 1 171 Similarlythe liabilityof an allottee to pay n 2 e I interest on thebalanceallOtmentpriceshall accrue 1 08 from the dateofoffer only which in turn can be offered only on tompletionof 00 devopmentworks It means that 7 unlessthe works consisting of basic 17 Z amenities are completed the 2 authoritiescannot chargeinterestfrom 7heallottee 7 The contentionraised on behalfofthe that the of work basic amenitiesis not a bilaterally agreed for charging interestfrom the allottee s thus totally and ments 1 rejectionIn view of the above referredprovisions dv llnpOSlng statutory obligations upon the 11 the principleslaid down by the Honble Supreme Court in a recent decision lIl UT ChandigarhAdministration Ve Amarjeet Singh82Ors SCC 660 also do not come Il to the rescue of the The HUDA is a statutoryauthorityconstituted to act as an xteoded hand of the welfare State It has to act 21 strictlyin accordance with its own Regulations Since the local commissionerhas found asa matter of fact that the works comprising the r Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 440 ss79 of2003c other connectedmatters 14 l CWP rr basic amenitles were in Juneit 1992 1 haveno hesitation lIl holdingthat the liable topay interest witheffectfrom 16992 1 are 1 onwards and not priortheretOe 19 LearnedSingle Judgeiri another case ofPawanKumar vse State of e CWP No8129 of 2008decidedon 1252009 while 1 Haryana and another of the Market Committeeobservedas the rightsof the 1r underl In this view ofthe matter therecan be no escapebut to 1 1 hold that the defaultedin paymentof 0 due installmentsas perthe agreedSchedule the C 1I have held it liable to pay penaland 1 C5 lnterest as per theagreed termsand conditions I c and no directionforthe refundthereof of the Z 1 1 canbe issued Q writpetitionis of accordingly l t The I of this Court in a bunchof writ petitions titled 08 AnotherSingle 00 asBir SinghNain m 6CWPNoe12018of 2008 and Z Board Panchkula and rlm J The standof the Board that basic amenitles were providedat the time of allotmentis disputedby the J llottees Under the writ petitlOn this Court will not r 1 e this issue Sincethe matter hasalreadybeen 1 I l decidedby a Judgeof this Court relyingupon in Mls Investments Case lpral Ie haverightlypaidthepenalinterest Theref0re etitioners are not entitledto any refund for naking r 7 Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document j j l 441 1OaL CWP No1122 of2003 0 other connected matters 15 1 fee and penalinterest 1 While similar issue Honble SupremeCourt in the case 4 of UT ChandigarhAdministration Anr Vs AmarjeetSinghScOrs n JT 2009 41SC 39 relied upon its earlier judgmentin the case of I j I n 11 MunicipalCorporationChandigarhv ShantikunjInvestments Pvt 1 Ltde 2006 11SCC 109 and various other and observed as 01 nl 7 underl 1 C 183 As per the terms of allotment upon 1 of the 25 per centoossession will be 0 handed over and rest of the 75 per Cent of the j 0 0 leasedamount to be paidin a staggered manner i8 three annual equatedinstallments alongwith 1 lIl interestat the rate of 10 per cent Ifsomeone wants C5 to depositthe whole of the 75 per cent of the Il I amounthe can do so In that case he will not be j0 required to pay any interest But if a partywants to Z makepaymentwithin a periodof three yearsthen 31 he is under the obligationIto pay 10 per cent m2 intereston the amount of installment This is the 1 Q obligation on the part of the allottee as per the conditionof lease and he cannot get out of it by saying0lat the basic amenities have not been i 0 provided for enjoyingthe allotted land therefore QO heis not liable to pay the interest 7 We askedthe leamed counsel for theparties to tell Z us which is theobligation of the16ssorin the lease deed which says that theywill not chargelnterest I Il on theinstalhnentsbeforeproviding the amenities There is neither any condition in the lease norany 1 under the auctlOIle If the parties have giventheir bids anwith their eyeswide open they have to blame themselves It cannot be enforced by any mandamus as there is no obligation contained in the lease deed or in the auction r v notice Il 1 I Therefore it is evident that a lesseelsuccessful 1 bidder cannot seek rescllulingof the instalments t 1 of premiumor of accrual of the interestpayable as per rules 19 9 20We are not in a positionto accept the submisslonof Shri Bhandarethquity would not 1 demandcharging of interest even thoughthe plots re 1e Batra Amit 2014.04.23 12: 04 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 3i 442 1 J 1 1 711 5 7 1 1 CWP Noa1122of2003 8other connected matters 16 61 1 yetto be fullydevelopedWhen parties are enter 1 into contract theyare to abide by the terms nd conditions of the same unless the same be inequitable In the presentcase questionofequity 1 does not reallyarise inasmuch as the conditi6n 1 relatingto interest lS founded on a statutoryrule vires ofwhichhas not beenchallenged Il 24 But the facts of this case are completely r different The auction sale wasln December 1996 1 The National Commission has recorded a Onding that almost all the facilitieslamenitieshad provided in the year 1999 that is within about two years 1 1 Therefore the observationsofthis court in para 38 1 r 0 of will have no to these cases particularly as theywere made in the context 0 of a writ proceedingwhereaswe are concerned 1 C with a under Consumer Protection 1 Act We may also refer to anotheraspect Section 7 I of the Act empowers the Central Government to CD levy such fees and taxes as it nay consider 1 11 1 necessary6whichshall be in addition to any fee or tax for thetime beingleviable under any otherlaw 1 Z in respectof any Site or building on the transferee 1 or the occupierthereof for the purpose