IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.W.P. No.12875 of 2009 Date of Decision:19.05.2011 Satish Chand and others .....Petitioners Vs. State of Punjab and others .....Respondents CORAM:- Hon'ble Mr. Justice Augustine George Masih Present:- Mr. Puneet Jindal, Advocate for the petitioners. Ms. Sudeepti Sharma, DAG, Punjab. Mr. Amarinder Singh Sidhu, Advocate for Mr. P.S. Mattewal, Advocate for respondent No.2. **** Augustine George Masih, J. (Oral) By this order, I propose to decide C.W.P. No.12335 of 2010 and C.W.P. No.12875 of 2009. For the sake of convenience, the facts are being taken from C.W.P. No.12875 of 2009. Prayer in this writ petition is for quashing of condition imposed in the allotment letter dated 13.2.2008 (Annexure P-2) which provides for the resumption of the plot and the deposits which in no case should exceed 10% of the total amount of the consideration money, interest and other dues payable in respect of the site sold or building or both shall be forfeited by the Mandi Board and the property shall be sold by public auction in respect of the shop in a Grain Market Salem Tabri, Ludhiana issued to the petitioners. The primary contention of the petitioners is that the Mandi had not been notified and when there was no development in the area, the C.W.P. No.12875 of 2009 -2- petitioners were being called upon to pay the instalments of the plots. Counsel for the petitioner at the time of arguments had stated that the respondents be directed to refund the initial amount paid by the petitioners along with first instalment which comes to Rs.33,31,225/- and Rs.2,000/- as map/ naksha fee along with 18% interest from the date of payment till the date of disbursement. This plea of the counsel for the petitioners cannot be accepted in the light of the fact that there is no provision for the refund of the amount as claimed by the petitioners rather to the contrary, there is a condition for forfeiture of the amount as has been mentioned above. In the allotment letter, the terms and conditions of the allotment were clearly mentioned and spelt out which the petitioners had accepted at the time of allotment and, thereafter, had even deposited the first instalment after the initial deposit of 25% of the total consideration of the plot. The condition which has been imposed in the allotment letter can neither be said to be unreasonable nor unjustified which would call for any interference by this Court. As a matter of fact, notification dated 1.1.2010 (Annexure A.1), has already been issued by the State of Punjab declaring New Grain Market Salem Tabri, Luhiana as Sub Market Yard. The basic claim for the refund which was made out was that the said New Grain Market was not yet notified as a market yard by the government and, therefore, they could not run the business for which they had bought the plot. The impediments having been removed, the claim of the petitioners for the refund of the amount so deposited cannot be accepted at all. In view of the above, finding no merit in the present writ petition, the same stands dismissed. However, in the light of para 2 of the C.W.P. No.12875 of 2009 -3- preliminary submissions in the written statement filed by respondent No.2, wherein it has been stated that respondent No.2 had addressed a letter dated 18.8.2009 to the Financial Commissioner Punjab seeking approval of the State Government to the proposals laid down by this respondent in the speaking order passed in compliance to the order dated 12.2.2009 of this Court in C.W.P. No.2256 of 2009 which was passed by a similarly placed allottee of the shop and thereafter, another letter dated 11.9.2009 (Annexure R-2/4) has been sent requesting therein to extend the same benefit to the other 34 purchasers/ allottees (including the present petitioners) who had purchased the plots vide auction dated 22.1.2008. In case these proposals are accepted by the State Government, the petitioners in these writ petitions shall also be entitled to the benefit and dismissal of these writ petitions shall not disentitle them of the same.` May 19, 2011 ( AUGUSTINE GEORGE MASIH ) renu JUDGE