96 4 1 1 1 f CWP Noe1122of2003 R other connectedmatters 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION 6122010 1eCWPNo1122 of2003 Ie Raksha Rani eeePetitioner 1 VERSUS m 0 HSAMB and others e e 0 0 2CWP Nol0153 of2004 I RameshChand C5 etitioner 2C Z VERSUS 4 m HSAMB and others Q I 3CWP No16182 of2009 l a5 Ashok Kumar 1 00 etitioner 1 wem f J Z VERSUS W Haryana State AgriculturalMarketingBoard and others 1 41 e e 1 4CWPN0016787 of2005 1 Surinder Kumar Petitioner 1 C t e VERSUS 1 HaryanaStateAgriculturalMarketing Board and others Respondents 4 5CWP N05152 of2007 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document l 97 I r e J Io 4 l ri CWP N001122of2003 82other connected matters 2 Sarla Devi eeePetitioner J VERSUS 3 Haryana State AgriculturalMarketingBoard and others Respondents 6eCWPNoe5202of2007 1 ShankuntlaDevi eePetitioner 1 0 VERSUS 0 State Agricultural MarketingBoard and others C0 Zespondents I C5 7CWP Noe1781of2008 Kalicharan and others 1 OeePetitioners Z m Q VERSUS Haryana State AgriculturalMarketingBoard and others I 08 1 OO 8eCWPNol0142 of2009 1 4 Ashwani Kumar and another 3 1 1 Z Petitioners 1 1 VERSUS HaryanaStateAgriculturaI MarketingBoard and others J 1 e e 9eCWPNoe20141of2009 Jai Parkash t I OeePetitioner 4400e00 VERSUS HaryanaState AgriculturalMarketingBoard and others se 4 Respondents 10CWP No217 of2010 1 t 1 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 98 6 1 1 1 cwP No1122 of2003 other connectedmatters 1 3 Balwant Rai eeePetitioner VERSUS State AgriculturalMarketingBoard and others e e eRespondents 11CWP Noe18076of2009 PardeepKumar eeePetitioner 1 1 0 VERSUS 0 State Agricultural MarketingBoard and others 0 e e I C 120CWPNoe18096of 2009 Tara Rani 1 1 Cr Petitioner 1Z 0 VERSUS Haryana State Agricultural MarketingBoard and others I e e 4 045 1 ClO 130CWPN0018095OF 2009 t 1 1 Radha Kishan and another SU2 Z eeePetitioners Ll VERSUS StateofHaryanaand others Respondents 14CWP No14064 of2010 Sunil Kumar Sareen 1 1 Petitioner eeemmm VERSUS l StateofHaryana and others 10 e 2espondents Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 99 949 1 1 CWPNoe1122of2003 other connectedmatters 1 4 r CORAM l e HONBLEMReJUSTICE PERMOD KOHLI PRESENT MrRaviKapoorAdvocate MrNaveen Batra Advocate Markan AdvocateMrJagatSinghAdvocate for the MrCB Geol Advocate J MrAK JangraAdvocate MrAmit SharmaAdvocate 1 C for 0 0 I PermodKohli Je C5 I Z Controversyis common to thesepetitionsPreciselyspeakingthe are the action of the in charging 0 fee interest and penalty from them for grantingpermissionto extensiOll O over theplotsallottedto them in various areas raise OO 111theStateof HaryanaeInsome petitionsclaim is madefor reSlndof the e17 Z interestand already Petitionersin all thesepetitions wereo Om allotted by the for differentcommercialpurposesfm time to time In vieliofthenature ofreliefclaimed it is not necessaryto advento factsofeach and every case Howeverbrieffactualmatrix is noticedfrom 1 CWPNol122 of2003 1 4eeeae Market Kalka referred to as the by a general auctlon notlce invited 090 for allotmentofplots in the Grain Market to be developedby HaryanaState MarketingBoard namelyKalka Mandi Besides givingthe Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 400 1d 1 1 4 l No1122of2003 other connectedmatterS 5 CWP ofthe area various other facilities to be provided in the New location 1 GrainMarketwerindicated The relevant extract of the above auction 1 noticeis hereunderl 11 developed with the modern C4 This mandi 1S wayProper in themandiisbeingmade for pucca Cadda sheds Park and Rest House Latrines Cooler Water electricitysewerage f 1 shedsand for their drinkingwater Work of and androads havebeen Facility 0 pucca 0 andpost offlce will also ebeeovided in the of bank I CD mandi 53 1 I was to be madethrough open auction The payment Was to 1 Z bemade in accordancewith thefollowingschedulel Q 3114ofthe bid amount will haveto be at the spot 08 auction pricein full can be within 1 rll t 1 Ji C onemonthfrom the dateof without interest or S7 Z 1 the same can be ltl three years in 6 t 0 a5 easy instalmentsOn the balance amount 1 of the interest at the bank rate would be i r41 1 leviabl ll 4ee The was under to construct the shop 1 1 within one yearas per thedesignofthe MarketCommittee for allotment of plotand in the The 1 1 J heldon 1521983 at Kalka Bid of the petitioner was and auctiOO d thepetitioner was allottedplotnos 47and 48 measuring16 x 50 for an Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 401 4 1 1 1 V 5 9 1 CWPNoe1122of2003 other connectedmatters 6 amountof Rs32000 money of Rs80001 was adjltedtowardsthe 1 priceofthe plotTlie balance amount of Rs40001oeing750Ioof the sa16 1 was to be either within 30 daysof the receiptofle It allotmentletterwithout interest or in threeinstalmentswith interest at the rateof7 VIo ln thefollowingorder No of I Date of l Amount of Interest Total Remarks insalment i instalment lS 25583 Rs0001 Rsl501 RsS150 2nd 2513 Rs30001 Rs6001e RsS6001 1 2 1 J kr Rs80001 lRs300 Rs8300 1 L3 25484 0 0 from the interest leviable on paymentby intalments the I CD allotment letter also containeda covenant for impositionof penalty for I e paymentClause 6 relating to of penalty is Z hereunder m C For l default 5Io 1 I For 2 default 7 1Io 1 08 For defaulter 10 1rn 1 It is that of the allottedplotswas not giventill m Z fhe petitioner claims to havc made a request r landingover the 2001 1 Ll vide tter dat6d 1782001 lnnexure P The was possessiOll to depositthe extensionfeebeforetaking vide letter Ir 62001 P81 It was also indicatedthatthe has failec placed on recordsome letterswhereby to construct the shopThe 4 1 1 m for deliveryof Executive Officerln requestwas made Market Committeevide its lettersdated1572002 P 1 1 14 and P151askedthe to deposit extenslorl feeof Rsl521001 0 9 foreach plotbefore extension for construction of the shopls granted The however for waivingoff the extnsion fee vide letter Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 402 1 7 1 1 r 1 CWP Nol122 of2000 other connectedmatters 7 r dated3172000 AnnexureP161 In the year 2000 HaryanaGovernment framedRules HaryanaState MarketingBoard 6SaIe of Immovable Rules 2000 referred to as the 2000 1 RulelRule 40f the aforesaidRule relatesto salebyallotment and sub rule 1 59 the mode for makingpaymentThe mode of is as underl XXX XXX XXX xxx 1 balance seventyfive percentof the priceof plot 0 may either be without interest within thirty 0 0 days from the date of issue of allotment letter or in six I C5 instalmentswith fifteen percentinterest or at I 7 such rate of interest as may be by the Board Z fromtime to time The flrst such instalmentshall fall due C after six months from the date of allotment letter I However interest on shall accrue from the O2l dateof offerof 11 1 OO 1 Rule50f the aforesaidRule further deals with the which a Z readsas undei Om 1 5The of the plotshall be offered to the allotteebythe ExecutiveOfficerwcumecretaryo Market r Committeewithin thirty das from the date of issue of allotmehtletter If minimum basic facility1e roads C 1 water electrificationare existingand if the said basicfacilitiesarenot existingthen afterproviding the 1e saidbasicfacilities 40 4 f 1 il 1 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document Wen ee 403 14 1 1 r 0 1 CWP Nol122 of2003 8 other connected matters 8 Sub Rule o59of Rule 4 and Rule 50f the 2000 Rule was amended 1 videnotification dated52002 as under1 6a4 In rule 4 and in sub rule 51 the words and signs t However interest on instalmentsshall accrue from the 1 1 dateof offer of shall be added at the end In Rule 5 afler the words allotment letter the words r letters andsigns if minimum basic facilities ie rods 1 1 sewerage and electri6cati0n are existing 0 andif the said basicfacilities are not existingthen after 0 the said basic facilities shall be added at the C9 ncl 35 1 The placed on record certificatedated72004 1e Z5 to indicatethatthe constructionwas on 3022003 P a 0 211Another communication dated261 12009 has been filed as Annexure I P31 which indicates that water supplyin grainmarket has started since 5 OO 26112007 The p6titioner has placedon record to establish W that thenecessary amenitiesin the area havenot been provided even till Z 2009 Il To thecontrary the in their replyhave lleadedthat the basicfacilities such as streets electricitywater supplyoads and l office buildingetc have been providedin the Grain Market It is further 1 statedthat secondauctionof plotwas conducted in the same market on Ceee 30111990 and 24 out of 25 plotswere sold It is pleaded that thisestablishesavailabilityof certain facilities even in the year 1990 It 1S furtherthe case of the that thepetitioner was not intefestedin 1 constructionof the shopsThat is hythe petitioner waited for 20 years tO Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 404 1 7 11 e t vr ofv20038 other connectedmatters 9 CWP 1 It is also stated that the seems to have raiseconstruction did the after initial paymentof earnest money and it was not pay the againstPlot thata sum of Rs25001 was onlyin April 1989 1 plot NoA8 A notice dated951988 was 7 NoA7and Rs300001against served uponthe thi the did nol startconstructionandthus thepleathat 1 wasnot handedover till August 2001is not well founded C possession 1 details of the payments made by the petitionerit has been 0 0 the balanceamount of priceof the plotwas paidby the rnentioned C5 between201 986 to for Plot NoA7 and between 1 I have also pleaded that to 242989 for Plot No8 Z in the yea 1984 but she did not possessiOO was offeredto the a have relied uponthe policydecision dated r take I 291998 decisionwas takento in all cases rA5 lapsed on 161987 where two OO the of the petitionandin view of the conflicting I e 7Z of facilities this Court vide its of the parties LocalCommissionto inspectthe site in order dated18812003 a KalkaMandi The afterspot submittedhis report 1 dated2003 TheCommission that the of the area and very few shopshave been constructedThe ln question ls very poor 1 4 badcondition Electricpolls roads have beenpartly constructedand are ltl beeninstalledbut theelectricity is availableonlyOIl It is thatthough water tank was constructedhowev thereis furthermentioned e I l The seweragesysteminstalledis not working no of water 1 1 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 405 1 1 9 1 l 1e I V W CWP No1122 of2003 other connected matters 10 The area is 6eig used for parkingof busesand other vehicles From the placedon record it also appears that there are very few 1 constructed Some constructions are incompleteRoads 1 havenot beenproperlyconstructedand even where thereis a road it is not 1 rnetalledThere are busheshereand there Electric pollsare visible The landis uneven Trucks busesand cars are oarkedin a manner on VMlOUS placesSome of these were takenin November 2009 1 with a d datedcamera I l Q 0 The replyof the also does not establishthat all the 0 facilities are in position nor any details of facilities provided are givenIt CD canbe safelyand inferredfrom the above mentionedfacts that I thefacilitieshave notbeenprovided as per thegeneral auction notice issued 1 Z as far back as 111theyear 1984 Thoughthe have pleaded that m r was offered in the year 1987 however thereis no such record to 1 their c6iitention Both the sides have relied upon various C45 m ofthis Court and ofthe Honble ApexCourt lt may be useful to Ie 1 m2 noticesome ofthe relied uponbytheparties Z A Division Benchof this Court in the case of PankajSharma and Om others vse State ofHaryana and others 200331 PLR 790 while relying upon earlier Division Bench judgment of this Court titled as Mls Makhan Lal DalipSinghetceVe HSAMB CWP NoA241 of 1992 decided on 1 5e69939held as under1 1 e1 41n view of the aforesaiddiscussionwe allow this writ petitionand direct the to providewater 1 supplyand sewerage facil ities and other facilities as rnentionedin the sanctionedbuildingplans to all the Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 406 4 1 Z e CWPNo1122 of2003 other connected matters 11 1 J plotholdersin theNew Grain Market Naneola District within a period ofone year It is furtherdirected 1 Ambala 1 that the would not chargeinterestand penal interestfrom the till the water ancsewerage 1 facilitiesare to them in the New Grain Market It isalso madeclear that the petitionerswill raise constructlon on the allottcd plotsas perthe 1 designwithin a of two yearsfrom the dateof Q of the water and sewerae facilities in the New J 0 C Grain Market However in the meanwhile the I CD will continueto pay instalmetitsof the price W 1 flxed without interest The clause of interest Z 1 would come into after facilities of w8ter 0 Supplyand sewerageare to thed pelitioners lIl thenew Grain Market If the commit any 08 default in paymentof instalments in the r10 manner theywill be liable to pay interest on 3 Z the said default as provided 111 the allotment letter Q instalments have fallen dne till today the etitionersshallpay the same to the within ai r period of two months lf any new defaultin thepayment 1 Il ee comnlittedthe would be of instalments is 1 liableto pay interestalso Il Division Bench in the case of Mls Fateh SinghJitender Kumar vs State of Haryanaand others 2000 31PLR O also V 1 the earlier Division Bench judgment in the case of Mls Makhan Or5r Tz7 ved ee C e Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 407 1 1 4 4 40e 1 9J0 r of2003 c other connectedmatters 12 CWP 1 supraland other in th 1 Lal DalipSinghetce v HSAMB SinghKang v Chandigarh 1999 caseof 11 The roads P6 and 17 relied upon by ShriHooda do not in any manner supportthe case set up f 1 bythe A careful of the order 111 Makhan Lal DalipSinghandothersv HaryanaStateand 1 otherssupra9 shows that petitionersMls Makhan Lal Z with thepleathat it COld DalipSinghhadcome 0 j 4 0 constructiondue to lack of water andsewerage not I C5 connections andalso because thelectric wires were I passing over the plotThe counsel for the Z seems to have on a e J C1 real isation that it was for the petitioner to I raise constructiOll of thexistence of electric 08 to the of condition wiresover theplot Cll thatinterest shall not be charged on the W2 by the court Z of instalments The order passedin CWP amount Ll No0948 of 1993 is but a reiterationof the Mls MakhanLal DalipSinghscase direction given in supra9The pctitionerin our consideredview cannot 0 take Intageof those ordersbecause aS Per hiS OW 1 II showingtbeconstruction has been and and havebeen made availableto it 4 A SingleBench ofthis Court iil thecase of Vinod Mittl and others 1 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document P 408 1 LJ 1 1 1 J 9 CWP N0a1122of2003 Sc other connected matters 13 1 1 1 1 7se State of Haryana 0 Orse 200941RCR 6Civill528 considering 1 1 1 8 similarissue in this context and various of HUDA held as 1 t underl ej 161 On a colnbined readingof the relevant 1 1 of the HUDA Act and the Regulations 1 1 lt that the basicamenities can be said to have been when the metaledroads wholesome water sewerage and electrificationis andinade available to the allottees The amenity is a wider which includes activitiesIilce thetourist spots open space parkS e and play flelds etc Thoughthe expression r work has not been defined under the HUDA Act or the however for 0 the limitedpurpose of nablingan allottee to 1 0 utilizethe allottcdsite it would includethe basic I amenitiesonlyand not the amenitieswhich are to C5 be provided for the entire a8d need not I ebe conflned to one urban area only The Cr are thus under a egal Z obligationto the basic amenities and 1 the works before the n is offered 1 C 1 l 1171 Siinilarly the Iiabilityof an allottee to pay I interest on thebalanceallotmentpriceshall accrue 1 1 fromthe date of offer of only which in turn can be offered only on of 0 works It means that Il c unlessthe works consisting of basic 7 1 Z amenities are the b authorities cannot chargeinterest om the allottee 0a Thecontentionraised on behalf of the that the of work basic amenitiesis n6t a bilaterally agreed for charging interestfrom the allottee is thus totally and merits In vielv of the above referred 1 impOSlng obligations upon the thc principleslaid down by the 1 Honble Supreme Court ltl a recent decision in 1 j UeT ChandigarhAdministration Ve Amarjeet Singh8i Orse 200940SCC 660lso do not come to therescue of the The HUDA is a 1 authorityconstituted to act as an extendedhand of the welfare State It has toact a strictlyln accordance with its own 1 Sincethe local commissionerhas found as a matter of fact that the works comprising the Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 409 1 1 1 Cv 1 C 0P S CWPNoe1122of2003 other connectedmatters 14 1 basic ainenitIes were in June 992 1 haveno hesltation in holdingthat the petitioners are liable topayinterestwith effect from 161 992 onwardsand not priorthereto 10 LearnedSingleJudge 111 case of Pawan Kumar vs State of 1 No8129 of2008 decidedon 1252009 while Haryana and another CWP the rightsof the of the Market Committeeobseriledas 1 under In thisview ofthe matter there can benoescapebut to 10 hold that thepetitionerhavingdefaultedin paymentof 0 due installmentsas perthe agreedSchedule the 0 1e I have rightlyheld it liable to pay penaland C interest as per the agreed terms and conditions of the allotmentandno direction for the refundthereof Z W canbe issued c The writpetition is of acordingly 08 Another Bench of this Court in a bunchof writ petitions titled C asBir SinghNain and others vs HaryanaState Agricultural Marketing mno HaryanaPanchkula and others WP Nol2018 of 2008 and Z CL connectedmatters decidedon ObSerVed aS Und The standof the Board that basic amenitieswere at the time of allotment n is by the f allottees Under thewrit petitionthis Court will not l this issue Since the matter has alreadybeen 1 decidedbya SingleJudgeof this Court relyingupon in Mls Investnents Case ipra 4e9 have rightlypaidthepenalinterest Therefore petitioners are not entitledto any refund for making 1 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document E 1 410 Il 15 no J P64 6V CWP No1122 of2003 8 other connected matters 15 ofextension fee and penalinterest While considering similar lSSue Honble Supreme Court in the case 1 of UT ChandigarhAdministration 8cAnr Vs AmarjeetSingl Orse JT 200941 SC 39 relied upon its earlier in the case of r CorporationChandigarhv ShantikunjInvestments Pvt 11 e Ltde2006 41SCC 109 and various other and observed as under 1 S r 1839 As per the terms of allotment upon of the 25 per cent will be 0 handed over and rest of the 75 per cent of the leased8in0unt to bepaidin a staggered manner ie 0 in threeannual installments alongwith I interest at the rate of 10 per cent If someone wants 1 C5 to depositthe whole of the 75 per cent of the amounthe can do so In that case he will not be to pay any interestBut if a partywants to Z makepaymentwithin a periodof threeyears then r he is under the obligationto y 10 per cent intereston the amount of installmentThis is tht r on the part of the allottee as per the conditionof leaseand he cannot get out of it by I sayingthat the basic amenities have not been 1 1 0 a5 for enjoying the allotted land therefore oo he is not liable to pay the interest m7 We askedthe leamed counsel for theparties to tell Z US which is the of the lessor in the lease 1 deedwhich saysthattheywill not charge lnterest 0 OIl theinstallmentsbefore providing the amenities f Therels neither any conditionin the lease nor any 7 under the auction If the parties have giventheir bids anOwith their eyeswide open they have to blame themselves It cannot be enforced by any mandamus as thereis no obligation contained in the lease deed or ln the auctior m nooce 11 1 1 Therefore it is evident that a lesseelsuccess11 bidder cannot seek of the nstalments of or of accrual of the interestpayable as per rules 51 20We are not in a position to accept the submission of Shri Bhandare thatequitywould not demandcharging of interest even thoughthe plots 1 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document nn 11 1 1 1 1 1 1 CWP Noo1122of2003 O other connected matters 16 are yet to be fully developedWhen partiesenter into contract theyare to abide by the terms and conditions of the same unless the I sam be inequitable In the presentcase questionof equity 1 does not really inasmuch as the condition anse relatingto interest lS founded on a statutoryrule vires ofwhich has not been challenged Il P 24 But the facts of this case are completely different The auction sale was in December 1996 The NationaCommission hasrecorded a finding that almost all the facilitieslamenitieshad provided 111the year 1999 that is within about two years Io Thereforetheobservationsofthis COUrt lIl para38 Q of will have no to these l cases particularly as theywere madein the context 0 of a writ proceedingwhereas we are concemed 0 with a under Consumer Protection Act We may also refer to anotheraspect Section 7 I of the Act empowers the Central Govemment to CD levy such fees and taxes as it may consider 4 I 6whichshall be in addition to any fee 11 1 necessary or tax for thetime beingleviableunder any other lawJ Z in espectof any Slte or buildingon the transferee or the occupierthereof for the purpose of providing or continuing any amenlty 4 1 at This provisionclearlydemonstrates that the providing amenities is not linkec to I auction of plotson leasebasis and the 1 1 08 paidis not for providing anyamenityThe Central 00 Government1S requiredto provideamenitiesby levyingfeesand taxes in respectof on wm the transfereesloccupiers thereof Therefore it 1S Z doubtful whether any reductionln interestcould be made on theground 1 tl of of amenities Be that as it may As we have alreadyheld that para 38 will not 1 applywe do not proposerexamIne that aspectany 1 furtherin thesecases 11 Even thoughDivision Bench of this Court lll the cese of Pankaj 1 Sharmaand others supKalruled that liabilityto pay interest and I I accrues on completion of facilities However a Division Bench 111the case of Mls Fateh SinghJitender Kumar lpra had a differentopinion the liabilityto pay interestand penalteres lIl the event of default The controversyhas been now settled at rest by 3 1 1 1 Rawat Seema 2013.12.28 10:28 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document