77 9 r CWP No1122 of2003 8 other connected matters 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe 1 1 DATE OF DECISION 6122010 1CWPNoe1122 of2003 Raksha Rani eePetitioner 1 1 VERSUS 1 t Q HSAMB and others e Respondents 0 C 2eCWP Noe201532004 1 il I Ramesh Chand e1 0 C 1 Petitioner S 11 I 1 1 1 11 Z VERSUS Ir e 1 1 HSAMB and others 14 eRespondents 10 3eCWPN016182 of2009 1 045 Ashok Kumar m r Petitioner A7 Z VERSUS Qm HaryanaState AgriculturalMarketingBoard and others e e 4CWP N0e16787of2005 Surinder Kumar Petitioner Ce t VERSUS 1 1 HaryanaState AgriculturalMarketing Board and others r e e 5CWP N05152 of2007 1 l d t Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document tr 78 6 J4 1 CWP N0e1122 of2003 Q other connected matters 2 1 Sarla Devi e eeePetitioner VERSUS HaryanaState AgriculturalMarketingBoard and others e e eRespondents 6CWP N05202 of2007 1 1 Shankuntla Devi eeePetitioner m tr VERSUS e P 0 HaryanaState AgriculturalMarketingBoard and others 1 C0 1 I espondents C5 7eCWP No1781 of2008 I Kalicharan and others c Z eeePetitioners VERSUS Il4r r I HaryanaState AgriculturalMarketing Board and others r4 e e QO 8CWP Nol0142 of2009 1 4 Ashwani Kumar and another 1 2Z eeePetitioners t I l VERSUS HaryanaState AgricuIturaIMarketing Board and others e e 9eCWP N020141 of2009 Jai Parkash 1 440 Petitioner VERSUS HaryanaState AgriculturalMarketing Board and others e r v e 1 10CWP Noe217 of2010 1 re e e Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 79 0r r CWPNo1122 of2003 8cother connected matters 3 11 Balwant Rai l Petitioner VERSUS State AgriculturalMarketingBoard and others e e eRespondents 1 11CWP No8076 of2009 Pardeep Kumar Petitioner 1 r VERSUS 0 StateAgriculturalMarketingBoard and others 0 0 I 45 12CWP N618096 of2009 I Tara Rani 1 Petitioner Z 1 1 1 0 VERSUS 1 1 State AgriculturaI MarketingBoard and others I e 08 12 13CWP No18095 OF 2009 1 RadhaKishan and another 3 Z eeePetitioners 1 i Cla VERSUS StateofHaryanaand others 1 e e 14CWP No14064 of2010 1 Sunil Kumar Sareen 1 1 1 eeePetitioner 4 VERSUS 1 StateofHaryana and others A espondents 1 1 Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 80 cO We 1 CWP N001122of200e other connected matters 4 1 J CORAM HONBLE MRJUSTICE PERMOD KOHLI 1 PRESENT MrRavi KapoorAdvocate MrNaveen Batra Advocate Markan Advocate MrJagatSinghAdvocate 1 for thepetitioners9 Ie MrCB Geol Advocate MrAK JangraAdvocate m MrAmit SharmaAdvocate r for 0 J 140 I C9 Permod Kohli Je r Z Controversy these petitionsPreciselyspeakingthe ls common to 1 11 petitionersare challengingthe action of the lIl charglng extenslOll fee interest and penaltyfrom them for grantingpermission to 08 raise constructlon over theplotsallotted to them in various areas 00 111the Stateof HaryanaIn some petitionscIaim is made for refund of the mmo J Z interestand penaltyalreadydeposited Petitionets in all thesepetitions were 7 0 allottedplotsby the for different commercial purposes from time to time In view ofth nature ofreliefclaimed it is not necessaryto advert tol 1 t factsofeach and every case However brief factualmatrix is noticed from 1 1 CWP No1220f2003 1 Wa Markete Committee Kalka hereinafter referred to as the by a generalauction notice invited 9 for allotmentof plotsin the Grain Market to be developed by HaryanaState 1 7 AgriculturalMarketingBoard namelyKalka Mandi Besides givingthe Il Ueee Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 81 ll 1 7 41 1 l CWP Noe1122of2003 Scother connected matters 5 F location of the area vanous other facilities to be providedin the New Grain Market were indicated The reIevant extract of the above auction notice is reproduc6d here under1 1 4t This mandi is beingdeveloped with the modern way Properarrangementin the mandi is beingmadefor puccaplatformCadda sheds Park and Rest House Latrines DrinkingCooler Water electricitysewerage 1 1 t 1 0 and cattle sheds and for their drinking water Work of 0 pucca platform and roads have been Facility 0 of bank and post ofce will also be providedin the I 1 C5 mand 33 r 11 e Allotmentwas to bemadethrough openau4ionThe paymentwasto Z r be madein accordancewith thefollowing schedulel b0 m 11 r 3114 ofthe bid amount will have to be deposited at the Ct I 1 spot 4t4 Il CQ 47emaining auctionpricein full can be deposited within 1 1i c 7 one month from the dateof approval without interest or 1 e Z the same can be depositedIn three years in 6 Om easy instalments On the balance amount 1 1 of the instalments interest at the bank rate would be 1 1 leviabl 15 eW The was under to coostruct the shop n11 1 within one year as per thedesignofthe Market Comnlitte 1 1 The petitionerappliedfor allotment of plot and in the 5n 7 1 auctlon held on 1521983 at Kalka Bid of the petitioner was accepted and 4e i t the petitionerwas allottedplotnos 47 and 48 16 x 50 foran 1 1 I7 111 mmm Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 82 1 Il CWP N0e1122of2003 other connected matters 6 r P 1 amount of Rs2000 Earnest money of RsS0001 was adjusted towardsthe of the plot The balanceamount of Rs40001 being750Iof the sale 1 was to be depositedeither within 30 daysof the receiptof the 1 allotment letterwithout interest or in three instalmentswith interest at the rateof7 IzOIoin thefollowingorder r of 1 Date of l Amount of I Interest Total Remarks No instalmentI insaiment l instalment RsS000 Rs1501 RsS150 1 1St 2553 2tld 2513 Rs0001 Rs6001 Rs86001e 1 1 i L 4 186 Rs300 C 0 C3 Apart from the interest leviable on paymentby instalments the 1 CD allotmentletter alsocontaineda covenant for imposilion of penaltyfor Ij 1 I paymentClause 6 relatingto imposition of penalty is Z hereunderl ir For l default Io 4 I For 2 default 7 Io 1n 08 For defaulter 1001 ClO t It is 8lleged that of the allotted plotswas not giventill 7 Z 2001 The petitioner claims to have made a requestfor handingover the 1 tl 1 vide letter dated 1 82001 6AnnexureP79 The petitioner was 1 1 1 todepositthe extension fee beforetaking vide letter dated asked 1 62001 P8 It was alsoindicai that the has failed to construct theshopThe petitionerplacedon record silme letterswhereby C Il I for deliveryof Executive OfScercun requestwas made Secretary Market Committee vide its lette dated1572002 P 1 14 and Pe15 askedthe petitioner to deposit extension fee of Rs521001 b 10 S for each plotbefore extension for constructionof the shopis grantedThe however for waivingoff the extensionfee vide letter 1 L oemeem Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 83 1 111 Pwe 15 CWP No1122 of2003 other connected matters 7 V 1 dated 3132000 0AnnexureP16 In the year 2000 Hac7anaGovernment framed Rules namelyHaryanaStateAgriculturalMarketingBoard Sale 1 1 of Immovable PropertyRules 2000 referred to as the 2000 Rule Rule 40fthe aforesaidRule relatesto sale by allotment and sub rule Sl providesthe mode for makingpayment The prescribed mode of paymentis as under1 XXX XXX Xxx Xxx 1 fZ 5Yrhe balanceseventyflve percentof the priceof plot 0 may either be deposited without interest within thirty 0 32 iays from the date of issue of allotment letter or in SlXl 0 halfyearly instalments with interest or at 1 I 4 such rate of interest as may be specifiedby the Board Z e from time to time The first such instalmentshall fall due 2 0 after six months from the date of allotment letter 4 I However intereston instalmentsshall accrue from the 1 1 Il oo dateof offer ofpossession 23 4 7 Rule 50f the aforesaid Rule furtherdeals with the possessionwhich Z 20 readsas under tl 5 The possessionof the plot shall be offered to the 1 allotteeby the Executive Market Committeewithin thirtydaysfrom the date of issueof ee allotmehtletter If minimum basic facilityie roads 1 water supplyelectrificationare existingand if the said 1 basic facilitiesarenot existingthen after providingthe said basic facilities 35 e r I l Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document II rvz 84 1 r J l l r CWP Noe1122of2003 8cother connected matters 8 V 5 n 7 1 f n Sub Rule 059of Rule 4 and Rule 50f the 2000 Rule was amended vide notiflcation dated532002 as under 1 In rule 4 and in sub rule 659 the words and signs However interest on instalmentsshall accrue from the rJ J dateofoffer ofpossessionshall be added at theend In Rule 5 after the words allotment letter the words letters and signs if minimum basic facilities ie rods m sewerage and electrificationare exlSting 1 Ie and if the said basic facilities are not existingthen after 0 C0 providing the said basic facilities shallbe added atthe Z CD end 55 Cr The petitionerplacedon record completion certiflcate dated72004 1 Z 1 to indicatethat the constructionwas on 3022003 6Annexure P 1 Q 21 Another communication dated 261 1 009 hasbeen Sled as Annexure c I P8l which indicates that water supplyin grainmarket has started Slnce C45 Qo 26112007 The petitioner has placedon record to establish c 1 that the necessary the area have not been provided m amenitleS 10 even till 1 Z 2009 Qm To the contrarythe in their replyhave pleadedthat the basicfacilitiessuch as platforms streets electricitywater supplyroadsand office building etc have been providedin the Grain Market It islrther statedthat second auctiotof plot was conducted in the same market on ae 3011990 and 24 out of 25 plotswere sold It is accordinglypleadedthat 1 this establishesavailabilitvof certain facilities even 111the year 1990 It is r furtherthe case of the that the petitioner was not inberestedin 1 1 1 construction of the shopsThat is whythepetitionerwaited for 20 years to Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 85 421 1 11 CWP No1122 of2003 c other connected matters 9 Il raise constructioI It is also stated that the petitionerseems to have theplotfor resale also statedthat thepetitioner did 1 not pay the instalmentsafter initial paymentof earnest motieyand it was only in April 1989 that a sum of Rs325001 was depositedagainstPlot 1 1 NoA7 and Rs300001 againstplotNoA8 A notice dated951 988 4as servedupon thepetitioneraskingto start and the constructionand despitethis the petitioner did not start constructionand thus thepleathat 1 C1 was not handed over till August2001 is not well founded 0 Givingdetails of the paymentsmade by the petitionerit has been 4 C0 mentioned that the balanceamount of priceof the plot was paidby the 1 CD petitiorier between 2011986 to 2 l l 987 for Plot NoA7 and between 21 r C1 1821986 to 241989 for Plot NoA8 Respondents have also pleadedthat Z possession was offered to the petitioner in the year 1984 but she did not 1 Q take possession have relied upon the policydecision dated 29A 1998 whereby decision was takento chargeextension fee in all cases 08 Cll where two yearsperiodfor constructionofshopsIapsed on l 0987 Cr Va Duringthe pendencyof the petitionand ln vlew of the conflicting Z J standsof the parties of facilities this Court vide its Om order dated 182003 a Local Commission to inspectthe Slte In Kalka Mandi The Commission after spot inspection sub6iittedhis report dated 92003 The Commission reported that the of the area Ie ln questionis very poor and very few shopshave been constructed The 1 e1 roadshave beenpartlyconstructedand are ln bad condition Electric polls havebeen installed but theelectricity is available onlyon It is furthermentioned thatthoughwater tank was constructed however thereis 1 e 9 no systemof water supplyThe seweragesysteminstalled is not working 1 Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 86 0 11 1 1 CWP No1122 of2003 0 other connected matters 10 V 1 The area is beingused for parkingof buses and other vehicles From the photogaphsplacedon record it also appears that there are very few constructed Some constructions are incompleteRoads t havenot been properlyconstructedand even where thereis a road it is not 4 metalledThere are bushes here and there Electric pollsare visible The land is uneveti Trucks busesand cars are oarkedin a haphazard manner on 1 placesSome of these taken in November 2009 various were j r witha d1 datedcamera 1 0 The replyof the also does not establish that aII the 0 facilities are in positionnorany details of facilitiesprovided are givenIt C9 can be safelyand inferredfrom the above mentioned factsthat I et the facilities have not beenprovided as per thegeneral auction notice issued 1 Z 1 as far back as in the year 1984 Thoughthe have pleaded that Cl was offered in the year 1987 however thereis no such record to supporttheir contention Both the sides have relied upon various 08 CO ofthis Court and ofthe Honble ApexCourt lt may be useful to 11em notice some of thejudgments relied uponbytheparties J Z A Division Bench of this Court in the case of PankajSharma and tl others vs State of Haryanaand others 200331PLR 790 while relying uponearlier Division Bench judgment of this Court titled as Mls Makhan 1 Lal DalipSingh etCeVe HSAMB CWP NoA241 of 1992 decided Oll 1 5619931held as under 1 1 41n view ofthe aforesaiddiscussionwe allow this writ petitionand direct the to providewater supplyand sewerage facilities and other facilities as 1 4 J mentioned in the sanctioned buildingplansto all the r Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document r 1 5 87 1 1 el CVVPNo1122 of2003 Sc other connectedmatters 11 V plotholders in the New Grain Market Naneola District 1 3 Ambalawithin a periodof one year It is furtherdirected that the would not chargeinterest and Penal interestfr6m the petitionerstill the water and sewerage1 facilities are to them in the New Grail Market i It isalso that the petitionerswill raise construction on the allottedplotsas perthe m within a period0two years from the date of r 0 ofthe water and seweragefacilities in theNew 0 Grain Market However lIl the meanwhile the I C5 will continue tooay instalmentsof the price 1 I flxed without interest Tt clause of interest Z would come into operationafter facilities of water 2 1 supplyand sewerageare provided io lhed petitioners 111 14 I the new Grain Market lf the commit any 08 default ln makingpaymentof instalmentsin the 00 aforesaidmanner theywill be liable to pay interest on Z the said default as providedlIl the allotment letter Whatever instalments have fallen due till today the shall pay the same to the within a periodof two monthsIf any new defaultin the payment 1 4 of instalmentsis committed the would be 1 11 1 liable to pay interestalso 33 AnotheDivision Bench in the case of Mls Fateh SinghJitender Kumar vs State of Haryanaand others 2000 31PLR O also 4 consideredthe earli Division Bench judgment in the case ofMls Makhan t 1 1 e11S Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 88 49 1 W1644P 1 V 1 FWP Noe1122of2003 82 other connected matters 12 Lal Dalip Singh etce Ve HeSeAMB supral and other judgmentin the 1 1 case of SukhpalSingh Kang v ChandigarhAdministration 1999 t11 PLJ 219 Bl wherein it hasbeen held as under 11 The roads Annexures Po and P relied upon by Shri Hooda do not in any manner supportthe case set up 1 by the petitionerA carefill readingof the order lll 3 MakhanLal DalipSinghand othersv Haryana Stateand 1 C4 others shows thal petitionersMls Makhan Lal 0 DalipSinghhad come forward with the pleathat it could 0 t not start constructlon due to lack of water and sewerage I 1 0 C9 connections and also because the electric wires were I passingover the plot The counsel appearingfor the Z Committee seems to have on a a realisation that it was impossible for the petitioner to J I raise construction because of the existence of electric 08 ClO Wlres overetheplot agreed to theimpositionof condition 1 meo by the court that interest shall note chargedon the Z r amount of instaIments The order passedin CWP l 0 e Nol0948 of 1993 is nothingbut a reiteration o the direction givenin Mls Makhan Lal DalipSinghscase supra9The petitioner ln our considered view cannot We take adantageofthose orders because as per his own 1r 4 showingthe construction hasoeen completedand electricityand telephone connections have been made available to it 2 r A Singl6Berich ofthis Court in the case of Vinod Mittal and other 1 r Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 1 1 89 6 n 1 ll CVVP No1122 of2003 Sc other connected matters 13 VSe State of Haryana Sc Ors 200949RCR Civill 528 considering Il similar issue in this context and various of HUDA held as L underl 1 161 On a combined readingof the relevant 1 provisions of the HUDA Act and the Regulations 4 lt transpires that the basic amenities can be said to have been coinpleted when the metaled roads wholesomewater sewerage and electrification1S he 7 1 completed and madeavailable to the allottees The 1 V t amenity lS a wider expression which includes 7 actiVitles like the tourist spots open space parks m Q and play fields etc Thoughthe expression P r work has not beendened under 1 0 he HUDA Act or the Regulationshowever for r the limited purpose of enablingan allottee to vl r 0 utilize the allotted site it would include the basic lin 1 k 2 atnenities onlyand not the amenitieswhich are to C9 C be providedfor the entlre townshipand need not r C be conOned to one urban area only The b1 eo fr legal 1Ill are thu under a Z obligationto providethe basic amenities and trl 5 completethe works before the ln 2 possession is offered 1Z 1 1 r 1 1171Silnilarlythe Iiabilityof an allottee to pay 4 I interest on the balance allotmentprlce shall accrue 1 rA5 from the dateofoffer only which in 6 C17 turn can be offered only on completionof 11 1 works It necessarilymeans that 1 a unlessthe works of basic Z amenities are the r authoritiescannot chargeinterestfrone allottee 1 Il The contentionraised OIl behalfof the 1r that the completionof WOrk comprisingbasic amenities is not a 11 agreedprecondition for charging interest from the 1 1 allottee ls thus totallymisplacedand merits rejectionIn view of the above referredprovisions 1t 1 emee lmposing statutory upon the the principleslaid down by the Honble SuprelneCourt ln a recent decision in UTe ChandigarhAdministration Ve Amarjeet Singh8i Ors 200964SCC 660 also do not come to the rescue of the The HUDA ls a statutoryauthorityconstituted to act as an extended hand of the welfare State It hastQact Ze strictlylll accordance with its own r inc the local commissionerhas found as a matter of fact that the works the 1 1 Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 90 1 e944V CWPN001122of2003 8cother connected matters 14 V basic amenities were in June 1992 1 haveno hesitation i n holdingthat the petitioners are liable topayinterestwith effect from161992 onwardsand not priorthereto 71 1 Learned Single Judgein another case ofPawan Kumar vs State of Haryana and another CWP No129 of2008 decided on 125009 while the rightsof the allottee of the Market Committeeobserved as underl 7 r 1 In this view ofthe matter therecan be no escapebut lo i C hold that the petitionerhavingdefaulted in paymentof 0 due installmentsas per the agree Schedule the 0 I have rightlyheld it liable to pay penaland 1 C5 It I interest as per theagreed terms and conditions C of the allotment and no direction for the refundthereof Z can be issued 3 Cr Thewrit petitionis disposed of accordingly I 1 AnotherSingleBench of this Court in a bunch of writ petitionstitled 1 a5 Qll Cr as Bir SinghNain and others vs HaryanaState AgriculturalMarketing mV2 Z Board HaryanaPanchkula and others WP Nol2018 of 2008 and r ll otherconnected matters decided on 261110091 observedas underl The stand of the Board that basic nenities were 14 provided at the time of allotment is disputedby the 1 allottees Under the writ petition this Court will not e 1 adjudicat6 this issue Since the matter has alreadybeen decidedby a SingleJudge0 f this Court relyingupon 1 in Mls Investments Case lpra petitioners have rightlypaidthepenallnterest Therefore petitioners are not entitled to any refund for making 1 l Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document ner 91 25 11 1 CWP N0e1122of2003 0 other connected matters 15 V payment of extensionfee and penalinterest While considering similar issue Honble Supleme Court in the case 1 of UT ChandigarhAdministration 82Anr Vs AmarjeetSingh Ors JT 2009 41 SC 39 relied upon its earlier judgmentin the case of 1 1 MunicipalCorporationChandigarh v ShantikunjInvestments Pvte Y t Ltd 2006 SCC 109 and vanous other and observed as undeo m 0 1839 As per the terms of allotment upon 1 paymentof the 25 per cent will be 0 handed over and rest of the 75 per cent of the 0 leasedamount to be paidin a staggredmanner ie I ln three annual equatedinstallmentsalongwith C5 interestat the rate of 10per cent Ifsomeonewants to depositthe whole of the 75 per cent of tHe I amount he can do so In that case he wilI not be requiredto pay any interest But if a partywants to Z make paymentwithin a periodof threeyears then he is under the obligationto pay 10 per cent interest on the amount of installment This is the Q obligation on the part of the allottee as per the Cr condition of lease and he cannot get out of it by I I sayingthat the basic amenities have not been 08 providedfor enjoying the allotted land therefore OO he is not liable to pay the interesttt me We askedthe learnedcounsel for the partiesto tell 1 Z US whichnis the of the lessor in the lease deed which saysthat theywill not charge lnterest Om on the installmentsbeforeproviding the amenities Thereis nelther any conditionln thelease nor any bligationunder the auctiOIle If the partieshave r given their bids arwith their eyes wide open they have to blalne themselvesIt cannot be enforced I o by any mandamus as there is no obligation contained in the lease deed Or in the auctior e notlce Il 1 Therefore lt is nevidentthat a lesseelsuccessful bidder cannot seek of the instalments of premium Or of accrual of the interestpayableas per rules 4 20We are not in a positlon to accept the submissiolof Shri Bhandarethat equitywould not demandcharging of interesteven though the pIots 1 Pooja 2014.04.11 14:34 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:29 I attest to the accuracy and integrity of this document 7 92 I l 1 1 1i 1 1 1 CWP N001122of2003 82 other connected matters 16 V J 1 are yetto be llly developedWhen partiesenter 1 lnto contract theyare to abide by the terms and conditions of the same unless the same be 1 inequitableIn the present questionof equity case does not reallyarise inasmuch as the condition relatingto interest 1S founded on a statutory rule viresofwhich hasnot been challered Il 1 1 24 But