C.W.P. No.200 of 1991 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.200 of 1991 (O&M) Date of Decision.13.05.2010 Jai Dev son of Kanaya Lal and others ........Petitioners Versus The State of Punjab through its Secretary Agriculture, Civil Secretariat Chandigarh and others ....Respondents Present: Mr. G.C. Dhuriwala, Advocate for the applicants-petitioners. Mr. Manohar Lall, Addl. A.G., Punjab for respondent No.1. Mr. Jassi Toor, Advocate for respondent Nos.2 and 3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) C.M. No.12384 of 2009 Application is allowed as prayed for. C.M. No.12385 of 2009 Application is allowed. Order already passed on 31.03.2002 is recalled. C.W.P. No.200 of 1991 1. The petitioner has sought for a direction that without carrying out the development works in the new grain market at Rajpura, the respondent shall not recover 75% of the balance of C.W.P. No.200 of 1991 (O&M) -2- amount stipulated at the auction. In a batch of writ petitions concerning the rights of allottees in the same market where other persons had also complained that without carrying out the development works, the respondents were not entitled to claim the balance and also load interest for the amount, this Court had disposed of the batch of writ petitions in C.W.P. No.689 of 1991 and other cases on 17.03.2009. This Court had while disposing of the writ petition directed the following: “(i) The respondents are directed to remove the encroachments and complete the development works, if the same are still incomplete within a period of six months from the date of certified copy of this order is received. (ii) The petitioners shall, meanwhile, if they want to retain the plots, make the payment of at least half of the due installments along with interest before 30.06.2009. The balance payment shall be made by the petitioners within one month on completion of development works and removal of the encroachments. The respondents shall not be entitled to charge any interest from the petitioners for the six months' period only which is being granted to them to complete or remove the encroachments and/or to complete the development works. (iii) There shall, however, be given an option to the C.W.P. No.200 of 1991 (O&M) -3- petitioners to enable them to surrender the plots, if they so want, within one month from the date of receipt of certified copy of this order and in that event, the amount deposited so far shall be refunded to them along with interest @10%.” 2. The writ petition is disposed of on the same terms as above and they are not replicated again. (K. KANNAN) JUDGE May 13, 2010 Pankaj*