v 75 t9 1 Sd IN THE HIGH COURT OF PUNJAB 8eHARYANA AT CHANDIGARH 1 CWP No 407 of2010 Date ParveenKumar Petitioner Versus StateofHaryana andothers 2 CWP No 19936of2009 MadanMohan andothers Petitioners Versus j 0 StateofHaryana and others 3 CWP No 511 of2010 0 0 Om Parkash Petitioner I Versus C5 State ofHaryana and others I 4 4 CWP No 13860of2009 Z RajKumar son of Sadhu Ram c others Petitioners r 2 Versus l StateofHaryana and others I 5 CWP No 14506of2009 r Lekh RajSoni c another Petitioners Z c Versus 010 Marketing Boardc4another 6 CWP No 14547of2009 W7 Z Lalit Kumar c others Petitioners Qm Versus Haryana AgriculturalMarketing Board 8 another 7 CWP No 15394 of2009 MJsDarshanLal Sanjeev Kumar 8 others Petitioners Versus Seee StateofHaryanaandothers Respondents 8 CWP No19533of2009 MehtabSingh c others ePetitioners Versus StateofHaryana and others Singh Gagan Preet 2014.04.17 12: 31 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 9 7 r 76 0 CWP No 407 of2010 2 3 3 CWP No 14760of2009 Kashmiri Lal Petitioner Versus StateofHaryana and others 10 CWP No 17252of2009 RichhpalSingh Petitioner Versus StateofHaryana and others 2espondents CORAM HONBLE MRJUSTICE PERMOD KOHLI t Present1 Mr SS DinarpurAdvocate for thepetitioner 0 40 Mr RD Sharma DAG Haryana I l5 Mr Amit Sharma Advocate for no2 to 6 I 4 8 PERMOD KOHLI J ORALI Z All these involve common questions of law based 0 upon identical facts Thesepetitions are accordinglybeingdisposed of by I this common order r Z Since the issuesare generalin nature factsof each case are not CO beingdiscussed However resume of the facts is beingnoticed from CWP 7 No 407 of2010 Z CL Market Bhiwani and Pipli issued advertisementsinviting for purchase of plotsin open auction in New Grain Markets establishedin thesedistricts All the petitioners were allotted plotsin the open auction 25Io of the bid moneywas to bedeposited at the initial stage whereasrest of the 75Io sale price was to be deposited within 30 days of the receiptof allotment letter without interest or in halfyearlyinstallmentswith interest c of 75Io per annumaccruingfrom the date of issuance of allotment letter One of the conditionsin the allotmentletterrequired the allotteeto complete the 1 Singh Gagan Preet 2014.04.17 12: 31 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 77 CWP No 407 of2010 3 1 5 construction within one yearfrom the dateof allotment It is common case of all the that neither the site was readyfor construction nor was offered to the petitioners despite requests no6 vide letter dated 1931986 askedthepetitioner to deposit the total within 15 days It is statedthatthe the amountof installments with interestand penalinterest It is case of 1 the that despitedepositof the amount in some cases the C possesslonwas not deliveredbythe Market Committeeand petitioners 0 Co from time to time for deliveryof physical of the I plots Someofthe petitioners however startedraisingconstruction 5 I and the constructionof shops Petitioner was issued a show Z cause notice dated 2532006 whythe plotbe not resumed for raisingconstructionwithout and demarcation C Petitioner accordingly that he has raised the constructionin the Z t year2007 He was issued anotherletter dated2232008 to appearbefore Z 4 the authoritiesforviolationof theconditionsno12 and 17 of the allotment ClO letter In the meantime the issuedan advertisementdated Z 2472008 granting extenslOO of 1 1 years for raisingconstructionto the tl plotspriorto 1032000 In response to the allottees who were advertisementthe communicatedto the that in view latestpolicydecision dated272008 thepetitioner is entitledto raise ofthe 4 construction It isallegedthat on this replybeingfiled the notice issuedto the petitionerwas not and to the contraryanother letter dated 182009 was issued Rs2751001was nolconstruction fee for the wef 161987 to 31122008 in the lightof the decisionof the boarddated 1412009 an Singh Gagan Preet 2014.04.17 12: 31 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document r 1 Slr 78 CWP No 407 of2010 4w the demandbut the same was not considered The petitioner flled CWP No 8151of2009 titledas ParveenKumar Vs State ofHaryana and others Thispetition was ofwith a directionto the to decide the within a periodof threemonthsfr9m the date of receiptof certifiedcopy of the order The of the petitioner has been vide order dated tm 1682009 and the have this Court and sought followingreliefsl 0 0 6i9 lssue a writin thenature ofCertiorarithereby thenotice dated182009 109vide which an I is beingdemandedfrom the 0 amount asnoneconstruction fee for theperiodfrom l61987 to and also for the order dated et 16112009 exure P139vide which the appeacum Z dated2432009 Annexure Pe119was dismissed by no30 and C 6iil issue a writin the nature of Mandamustherebydirecting the not to resume theplotofthe petitionerand I iiil also for directingthe notto chargeany non Z constructionfee or penalty etc fromthepetitioner and to issue the certificateoftIhebuildingconstructed QO bythepetitioner on his plotallottedbyMarketCommittee since he had the entireamount as per the n7 terms8 mentionedin the allotmentIetter lnnexure Z P or 11 in the replyjustifiedtheir action and demandof noneconstructionfee on thegroundthat the petitioners failed to raise constructionfor number of years It is further pleaded that there was no 6ew of deliveryof physical of theplotas the allotment itselfwas the mode of deliveryof It is also pleaded that the raised theonstructionwithout demarcationand sanctionfrom the and thus the constructionraisedby the petitioner 1S competent illegal Singh Gagan Preet 2014.04.17 12: 31 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 7 79 CWP No 407 of2010 5 9b 1 Similar issue has been by this Court in a bunchof writ beingCWP Noe 1122 of 2003 titled as Raksha Rani Vse HSAMB andothers and other connectedmatters decidedon 61 22010 On considerationof the various relied uponby the authorities the of Honble SupremeCourt in case of UTe Administration and another Vse AmarjeetSinghand m others as JT 2009 41 SC 39 and MunicipalCorporation Vs Investments Pvt Ltd as 2006 0 U scc 109and followingobservationshave beenmadel I C0 41 l All cases toframingofstatutory rules I dated1032000 shall be bythe contract Under the contract thereis no condition or covenant that theliabilityto Z payinterest penalinterestshall be uponproviding amenities Suchoftheallotteeswho were allotted Q plotspriorto 1032000 are liable to pay interestandpenalty I in accordancewith the terms and conditionsoftheallotment t Z letter 29Such ofthe allotteeswhowere allottedplotsafter2000 are m liableto pay interestandpenalinterestfrom the dateofr of 7 was made The is to be ofredfromthe Z date ofbasicfacilitieslike roads water supply r1 available Thus theliabilityto pay interest r the are made provisions becomespayablejom the date basic facilities are provided andpossession is 0Hered 39In sofaras theliabilityto pay is concerned W at the time ofplotsin theyear 1988 there was no either in the contract or any payment of extenslon fee thejirsttime came to beinlroducedvidepolicydecision dated29A998 and thus the becomespayableonlyin respectofplots where construction has not beencarried out in accordance withthe terms and conditions dated Singh Gagan Preet 2014.04.17 12: 31 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document CWP No 407 of2010 0 29A 1998 31 Issues beingsimilar these petitions are being of in tennsof the aforesaid Copyofthis order be placed on eachconnectedfile PERMOD KOHLII 4 JUDGE 26052011 i L Iucky 0 0 I IO e 07 Z e2 0 r I Z m W2 Z Singh Gagan Preet 2014.04.17 12: 31 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document