1 61 400 1 J No1122of2003 8 other connectedmatterS 1 CWP INTHE HIGH COURT OF PUNJAB AND HARYANA AT 1 CHANDIGARHe DATE OF DECISION 6e122010 1 1CWP No1122 of2003 Raksha Rani eeePetitioner VERSUS m 1 r HSAMB and others I l e e 0 C 2eCWPNoe20153of2004 RameshChand CD Petitioner 1 1 Z VERSUS HSAMB and others ra C1 3eCWPN0016182of2009 08 Ashok Kumar 1 C eeePetitioner 1 a Z VERSUS rd tl StateAgricultural MarketingBoard and others e e 1 4CWP Noe16787of2005 1 Surinder Kumar OeePetitioner 1 1 C VERSUS State AgriculturalMarketingBoard and others 1 Il 2espondents oj 1 V 1 5eCWPNoe5152of2007 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 11 401 Il 941 CWP No1122 of2003 8 other connected matters 2 SarIa Devi L eeePetitioner P VERSUS HaryanaStateAgricuIturaIMarketingBoard and others e e l 6eCWPNoe5202 of2007 ShankuntlaDevi eeePetitioner a Q VERSUS 0 HaryanaState AgriculturalMarketingBoard and others C4o e e CD 7eCWPNoe1781 of2008 Kalicharan and others OeePetitioners rr Z m Ir tr VERSUS HaryanaStateAgriculturalMarketingBoard and others 08 e e 12 8CWP No20142 of2009 Ashwani Kumar and another me 1 Z eeePetitioners 0 1 0m VERSUS HaryanaState AgricuIturalMarketingBoard and others e e 1r 9eCWP Noe20141of2009 Ir Jai Parkash 1 eeePetitioner 4eaeee VERSUS HaryanaState AgricuIturalMarketingBoard and others r e e 1 10CWP Noe217 of2010 1 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 402 4 V49 CWP No1122 of2003 8cother connected matters 3 1 4 Balwant Rai OeePetitioner VERSUS Haryana State AgriculturalMarketingBoard and others e e 11CWP Noe18076of2009 Pardep Kumar eeePetitioner 1 1 0 VERSUS 1 0 Haryana State AgriculturalMarketingBoard and others 0 e e CD 120CWPNo18096 of2009 1 l Tara Rani eeePetitioner 1 Z pe C VERSUS Haryana State AgriculturalMarketingBoard and others 08 e e 1 0 13CWP No18095 OF 2009 1 Radha Kishan and another m7 II Z eeePetitioners Q VERSUS StateofHaryanaand others e e 1 140CWPNoe14064of2010 Sunil Kumar Sareen 1 Ii Petitioner Geee 11 VERSUS 1 State ofHaryana and others e r l Respondents Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 403 e 1 Ib CWPNoe1122of2003 c0 other connectedmatters 4 I CORAM HONBLEMRJUSTICE PERMOD KOHLI PRESENT2 MrRaviKapoorAdvocate MrNaveen Batra Advocate Advocate Mragat SinghAdvocate 1 for the r MrCB Geol Advocate MrAKangra Advocate MrAmit SharmaAdvocate m Q for 1 1t 0 O PermodKohli Je 9 I Ct Z Controversyis common to thesepetitionsPreciselyspeakingthe m petitioners are the action of the in charging C fee interest and penaltyfrom them for grantingpermlsslonto extenSlOO O over theplotsallottedto them in variousdeveloped areas raise C10 in the StateofHaryanaIn some petitionsclaim is made for refundofthe 14 mw Z interestand alreadydepositedPetitionersin all thesepetitions were allottedplotsoy the for different commercialpurposes from timeto time Inview of the nature of relief claimed it is not necessaryto advertto 1 factsof each and every case Howeverbrieffactualmatrix is noticedfrom 1 CWP No122 of2003 1 eee 4 Market CommitteeKalka referred to as the lr by a general auctlon notice invited 451 1 for allotmentof plotsin the Grain Market to be developed byHaryanaState Marketin3oard namelyKalka Mandi Besides givingthe Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 404 1 1 of2003 Scother connectedmatters 5 CWP of the area various other facilities to be provided in theNew Market were indicated The relevant extract of the above auctlon notice is hereunderl 44 This mandi is beingdeveloped with the modern 1 wayProper 1Il themandi is beingmadefor pucca Cadda sheds Parkrad Rest House Latrines Cooler Water electricitysewerage Ir a shedsand for their drinkingwate Wok of and r 11 puccaplatformandroadshave been Facility 0 0 andpost office will also be provided in the of bank i 1 5 mandi 33 Allotment was to be madethrough open auction The paymentwas to 1 1 Z 1 bemadeinaccordancewith thefollowingschedulel i1 a re Ii 0 3114ofthe bid amount will haveto bedeposited at the j 1 1 spot 1 06 auctionpricein full can be within 1 CQ 1 1 monthfrom the date of without interest or e one r Z the same can be in three years in 6 5 V easyinstalmentsOn the balance amount j1 1 interest at the bank rate would be of the Il 1 leviable 55 4 11 4aem The was under obligationto construct the shop 1 Il withinone year as per thedesignofthe Market Committe t1 for allotment of plotand in the 1 The petitioner 6 1 auction held on 152983 at Kalka Bid of the petitioner was and 11 e 1I allottedplot 1 the petitioner was nos47 and 48 measuring16 x 50 for an 1 Il r 11 l 1e Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 405 b of2003 O other connectedmatters 6 CWP amount ofRs2000 Earnest money of Rs80001 was towards 1 of theplot The balance amount 750Ioofthe sale pnce pricewas to be either within 30 daysof the receiptof the allotmentletter wihoutlnterest or in three instalmentsWith intereSt at the rateof7 1z0Ioin thefollowingorderl n 6 t 7 of 1Date of Amount of Interest Total Remarks No l insalment 1inslme 21 Rs1501 Rs150 L 22 1 Rs80001 Rs6001 RsS6001 2tld 25183 22l1 l v me e 1 3 IRs00012 RsS300 r 0 1 10 Apartfrom the interest on paymentby instalments the 1 CD allotmentletter also a covenant for impositionof penaltyfor paymentClause 6 relatingto imposition of penalty is Z r hereunder 0 For 1 default 5Io 1 r For 2 default 7 I2Io 08 For defaulter 10 Cl It is that of the allottedplotswas not giventill e7 Z claims to have made a requestfor handing over the 1 200 The 1 1 e 1 0l tl vide letter dated1782001 lnnexure P The petitioner was asked o the extensionfeebefore Ilide letter dated 9 P89 It was also indicatedthat thepetitioner has failed 62001 to construct the shopThepetitionerplaced on record some letterswhereby 1 1 I4 m requestwas made for of Executive Officerlme Market Committeevide its lettersdated1572002 P 14 and P15 asked the petitioner to depositextenslOll feeofRs1521001 4V9 for eachplotbefore extension for construction of the shopis grlted The 1 0 however for waivingoff the extension fee vide letter 1 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 406 4 61w j1 of2003other connectedmatters 7 CWP dated3172000 Pml69In the year 2000 HaryanaGovernment 1 14 framedRules HaryanaState MarketingBoard Sale Rules 2000 referredto as the 2000 of Immovable Rule 40f the aforesaidRule relatesto salebyallotmentand sub rule RuleOe 5 the mode for making The mode of 7 is as under X XXX xxx XXX 1 5The balance seventYfivepercentof tbepriceof plot m eitherbe withoutinterest within thirty r may 0 1 0 days he date of issue of allotment letti O SX 1 9 instalmentswithfifteenpercentinterest or at may be specifled by the Board suchrate of interest as Z time to time The first suchinstalmentshallfall due from r six monthsfrom the date of allotment letter 1 Il 1 shall accrue from the Howeverinterest On 08 dateofoffer ofpossession 33 C2 Rule furtherdeals with the which Rule 5 of Um 1r Z readsas underl Ll 11 5The of the plot shall be offered to the allotteebythe Executive Market Committeewithin thirtydays from the date of issue of allotmeht letter If minimum basic facility 1eee roads C le 1 7 water electriflcationare existingand if the said then afterproviding the basicfacilitiesarenot saidbasic facilities 15 4 1r 1 1 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 2t 2 emoe 6 n I EeV rlr l 407 9 3 I 1 cwp No1122 of2003 Sc other connected matterS 8 1 In Sub Rule of Rule 4 and Rule 50f the 2000 Rule wasamended videnotificationdated532002 as underl 1 1 In rule 4 and in sub rule the words and signs However interest on instalmentsshtill crue from the dateoFofferofpossessionshall be addedat the ende 1r In Rule5 after the words allotment letter the words 1r letters andsigns if minimum basic facilities ie rods 1 sewerage and electriflcationare existing andif the said basic facilities are not existingthen after 0 CA providingthesaid basic facilities shall be addedat the 1 1 CD end 55 ee The placed on record completion certiflcatedated 712004 Z 1 to indicatethat theconstructionwas on 30122003 Annexure P a Il 0 219Another communication dated 2612009 has been filedas lnnexure 1 Il P31 which indicates that water supplyin grainmarket has startedsince 08 10 26112007 The petitioner has placedon record to establish thatthe necessaryamenities in the area have not been providedeven till Wm Z 2009 1 Il 1 1 To thecontrarythe in their replyhave pleaded that the basicfacilities such as streets electricitywater supplyroadsand offlce buildingetc have been in the Grain Market It is 81rther 1 statedthat second auctionsof plot conductedin the same market on 1r was e 1 sold It is accordingly pleaded that 3011990 and 24 out of 25 plotswere Il thisestablishes of certain facilitieseven in the year 1990 It 1S furtherthe case of the that thepetitioner was not intefestedin constructlOIl of the shopsThat is whythe petitioner waited for 20 yearsto 1 1 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 408 re 4r 40 4 J 9 CWP of2003 Sc other connectedmatters It is ealso statedthatthe seems to have ralse plot for resale also statedthatthe did the 1 1 of earnestmoney and it was not pay the after initial payment onlyin April989 thata sum of Rs325001was againstPlot A notice dated95988 was NoA7 and againstplot NoA8 askingto startand theconstruction and serveduponthe and thus thepleathat this the did not start m till August 2001 is not vlellfounded not handedover possesslOll was C nie by the petitione it has been Givingdetails of e 0 r 0 the balanceamount of priceof the plotwas paidby the mentioned 1 for Plot NoA7 and between Is C5 petitionerbetween2011986 to to2421989 for Plot No48 have also that Ct 1821986 Z theyear 1984 but she did nOt offeredto the petitioner 111 possesslOll was 1iedupon the policydeCiSiOOdtd m take have feein all cases Il 29A998 decisionwas takento chargeextension 7 08 lapsed on 161987 wheretwo years periodfor construction 00 of the petition andin view the conflicting Duringthe Z of facilities this Court vide it of the prtie regding P Om LocalCommission to inspecle Slte ln dated1882003 a 1 order 1 MandiThe Commissionafterspotinspectlonsubmittedhis report Kalka dated22003The that the of the area question d very few shopshave been constructedThe lll lS very e1 and are in bad condition Electricpolls roadshave been partly 11 1 l havebeeninstalledbut theelectricityis availableonlyon It is furthermentioned though water tank was constructedhowe thereis 40 no system of water The sewerage systeminstalledis not working 14 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 409 rl p44100 4 Pn CWPNoe1122of2003 other connected matters 10 1 5 The area is used for parkingof busesand other vehicles From the r 1 1 placedon record it also appears that there are very few constructed Some are Roads havenot been constructedand even wherethere is a road it is not 4 rnetalledThere are here and there Electric pollsare visible The Trucksbusesandcars arelrked in a manner on landis uneven 1 Some of these were takenin November2009 varlOUS j with a d1 datedcamera 0 of the also does not establish that all the 0 The 0 nor any details of facilities provided givenIt 1 facilities are in I CD besafelyand inferredfrom the above mentionedfacts that can C thefacilities have not been as per thegeneral auction notice issued Z as far back as in theyear 1984 Thoughthe have Pleadedthat C was offeredin the year 1987 however thereis no such rcord to their contention Both the sides have relied upon vanous 08 ofthis Court and 6fthe Honble ApexCourt It maybe usefulto OO m noticesome uponbytheparties Z A Division Benchof this Court in the case of PankajSharma and 1 1 and others 200331PLR 790 while relying othersvse State earlier Division Bench judgment of this Court titled as Mls Makhan Lal DalipSingh etceVe HeSeAMeBeCWP No04241of 1992 decided on e held as under 1 1 1 41n view of the aforesaiddiscussionwe allow this writ 1 and direct the to water supplyand sewerage facilities and oth6r as mentioned 111 the sanctionedbuildingplansto all the Ir Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 410 1 1 44 11 0f2003c other connectedmatters 11 CWP plot in the New Grain Market Naneola District Ambala a periodof one year It is furtherdirected 1 would not chargeinterest and penal thatthe interestfrom the till the water and sewerage 9 facilities are provided tothem in the New Grain Market It isalso that the petitioners will raise 1 1e on the allottedplotsas perthe 1 designwithin a of two years from the date of r of thewater and seweragefacilitiesin theNew 0 0 the meanwhile the Grain Market However 111 CD will continue to pay instalmentsof the price 32 flxed without interest The clause of interest Z after fatilities of water would come into 0 supplyand sewerageare provided to lhd petitioners lIl r the new GrainMarket If the commit any It OlS paymentof instalmentsin the default 111 Oo aforesaidmanner theywill be liableto pay interest on emwo Z the said default as provided 111 the allotment letter CJm Whatever have fallen due till today the 7 shallpay the a sameto the within period of two months If any new defaulth1thepayment e90 0 of instailmentsis the petitioners would be t liable to payint6restalso 33 1 1 Bench in the case of Mls Fateh SinghJitender Another of Haryanaand others 2000 PLR 2 also Kumar vse State the earlier Division Bench judgment in the case of Mls Makhan 1 4 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 411 1 NI h n II 12 CWP z of2003 sc other connectedmattS supraland in the L Lal DalipSingh et ve HeSeAeMeBe Administration 1999 caseof SukhpalSinghKang Ve 1 PLJ 219 DBl it has beenheldas under 1 11 The roads 16 and Pm7relied upon by anymanner supportthe caseset up ShriHoodado not ln bythe petitionerA careful of the order lrl MakhanLal Dalip and othersv HaryanaStateand 1 1 1 shows that petitioners Mls Makhan Lal others Q with theple that it could 0 DalipSinghhad come 0 not start constructiondue to lack of water and sewerage CD connections andalso because the electricwlres were plot The counsel for the passlng over the Z seems to have on a m for the petitioner to C realisationthat it was because of the existence of electric ralse 78 to the of condition wires overtheplot C thecourt that interest lall not be charged on the vmo by Z of instalmentsThe order pdssedin CWP tl No10948of 1993 is but a reiterationof the 1 MlsMakhanLal DalipSinghscase 1 direction given 111 6supraThe petitlonerin our consideredview cannot ee take of those orders because as per his own 1 the constructionhas been and and connectionshave been made availableto it 4 1 1 9 a A Single ofthis Court in the case of VinodMittal and others 1 Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 1 412 I 11 1 e 8Y 1 1 cwp No1122 of2003 8 other connectedmatterS 13 1 ofHaryana 8c Ors 200t41RCR Civill 528 considering 1 VS State 0similar issue lIl this context and various of HUDA held as 1 underl 1 9 16 On a cornbined readingof he revant t Il of the A Act and tl that the basic amenities can be said t lt to ve been when the metaled roads water sewerage and electriflcation1S 1 and made availableto the allottees The 1 alnenity wider which includes ls a activitieslike thetourist spots open space parks 1 and playflelds etc Thoughthe expression C work has not bel deflned urer the HUDAAct or the Regulations fOr 1 the limitedpurpose of enablingan allottee to 1 C ltilize the allottedsite it would includethe basic 1 11 1 ainenities onlyand not the amenitieswhich are to 1 for the entire townshipand neecot 1 be 1 a urban area only The be confined to one are thus under a legal obligationto the basic amenlties and l1 Z the developmentworks before the r oossessionis offered C1 4 171similarlythe liabilityof an allottee to PaY 1 1 C interest on thebalanceallotmentpriceshall 8ccrue i It dateof offer of only which in 08 from the turn can be offered only on of CQ works It means that 1 unlessthe works consisting of basic em amenities are the responder Z charge interestfrom the allottee authoritiescannot behalfof the Ll The contentionraised on that the of work 1 basic amenitiesis not a bilaterally l for charging interestfrom the allotteeis thus totally and merits 1 In view of the aboveefered provisions lmposlng obligationsopon the mmw the laid down by the Honble Supreme Court in a recent decision in UeTe Chandigarh Administration ve Amarjeet 1 Singh8t Ors SCC 660 also do not come I l to therescue of the The HUDA is a authorityconstituted to act as an extendedhand of the welfare State It has tQ act A9 strictly 111 accordancewith its own Sincethe local commissionerhas found as a matter of fact that the works comprising the Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 413 11 44 90 19 1 of2003 other connectedmatters 14 CWP basic nenitles were in June 1992 1 have no hesitation in holdingthat le petitiorrs liable topaylnterest witheffectfrom 61992 are onwards and not priorthereto 59 LearnedSingleJudgeln case of Pawan Kumar vse State of 1 It Haryana and another CWP No8129 of2008 decidedon 1252009 while ofthe allotteeof the Market Committeeobservedas th2 rights underl In this view ofthe matter therecan be no escapebut to 1 1 7 hold that the petitioner defaultedin paymentof 0 due installmentsas perthe agreedScheduleothe 0 have held it liable tooay penaland CD interest as per the agreed terms and conditions 1 and no direction for the refund thereof 1 of the Z a canbe issued 0 The writpetitionis of accordingly r AnotherSingle Benchofthis Court lIl a bunch of writ petitions titled asBir SinghNain and others vse HaryanaState Marketing I HaryanaPanchkulaand others WP Noe12018of 2008 and Z Olm connectedmatters decidedon observecas underl The standof the Board that basic amenitieswere 1 at the time of allotment is disliutedby the allotteesUnder thewrit petitionthis Court will not e 1 this issue Since the mat has alreadY been decidedby a singleJudgeof this Court relYin UPOn in Mls Investments Case lpra 1 have paidthepenalinterest Therefore are not entitledto any refund for making Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 11 414 1 441 rr9W 4 CWP No1122 of2003 8c other connected matters 15 1 4 payment of extensionfee andpenalinterest 33 While considering similar 1SSue Honble SupremeCourt in the case 1 of UT ChandigarhAdministration 0 Anr Vs AmarjeetSingh8c Orse JT 2009 41 SC 39 relied upon its earlier judgmentin the case of 1 MunicipalCorporationChandigarhv ShantikunjInvestments Pvte Ltde 2006 SCC 109 and vanous other and observed as 11 1 under 4 1 1 1839 As per the terms of allotment upon I l paymentof the 25 per cent will be 1 0 handed over and rest of the 75 per cent of the I7 C leasedamount to bepaidin a staggered manner ie Il ln three annual equatedinstallments alongwith interest at the rate of 10 per cent If someone wants C5 to depositthe whole of the 75 per cent of the 1 amount he can do so In that case he will not be required to pay any lnterest But if a partywants to make paymentwithin a periodof threeyars then he is under the obligationto pay 10 per cent interest on the amount of installment This is the Il 0 obligatiolon the part of the allottee as per the conditionof lease and he cannot get out ofit by sayingthat the basic amenites have not been Olj providedfor enjoyingthe allotted land therefore r10 1le is not liable to pay the interest We askedthe learnedcounsel for the rtiesto tell I r Z US which is the obligation of the lessor in the lease 3 deed which saysthat theywill not charge lnterest 11 on the installmentsbeforeprovidingthe amenltleSe There is neitherany condition in the lease nor any under the auctlolle If the partieshave given their bids aniith their eyeswlde openthey have to blame themselvesIt cannot be enforced by any mandamus as there is no obligation 1 contained in the lease deed or in the auctior ee notlce Il t Therefore it is evident that a le9seelsuccessful bidder cannot seek ofthe instalments of premiumor of accrual of the interest payable as per rules 55 4 20We are not in a position to accept the I submission of Shri Bhandarethat equitywould not demand of interest even thoughthe plots Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 4 415 t 1 145 1 V S CWP No1122 of2003 8 other connected matters 16 l yetto be lly developedWhen parties are enter lnto contract theyare to abide by the terms and conditions of the same unless the sam be inequitable In the presentcasequestion of equity does not reallyarise inasmuch as the condition relating to lnterest 1s founded on a statutoryrule viresofwhich has not been challenge 1 24 But the facts of this case are completely different The auction sale was in December 1996 The National Commisson has recorded a flnding that almost all the facilitieslamenitieshad provided lIl the year 1999 that is withinsabout wo years 1 m Thereforethe observationsofthis COUrtlIl para88 12 of will have no to these 7 cases particularly as theywere madein the context 1 0 of a writ proceedingwhereas we are conerned 11 1 with a under Consumer Protection C Act We may also refer to anotheraspectSection 7 of the Act empowersthe Central Government to 1 CD levy such fees and taxes as it may consider 71 necessarywhich shall be in addition to any fee or tax for thetime beingleviable under anyother law 1 Z lIl respectof any Slte or buildingon the transferee tr the occupierthereof for the purpose of t or providing or continuing any amenlty at This provisionclearlydemonstrates 7 t that the providingamenities is not linkec to 1 auction of plotson lease basisand the premium Olj paidlS not for providinganyamehityThe Central c10 Government is requiredto provideamenities 8y 1r levyingfees and taxes in respectof siteslplots on the transfereesloccupiers thereof Therefore lt 1S 1 Z doubtful whether any reduction in 14 interest could be made on theground C1 of nonprovisiori of amenltleSeBe that as it may As we have alreadyheld that para38 will not applywe do not propose examine that aspectany furtherin thesecases 97 Even thoughDivision Bench of this Court in the e e case of Pankaj e Sharma and others supEalruled that liabilityto pay interestand penalty Il 1 accrues on completion of facilities However a Division Bench 111the case of Mls Fateh SinghJitender Kumar supralhadexpressed a 1 different opinionregarding theliabilityto pay interestand penali6erest lll 1 the event of default The controversyhas been now settled at rest by e Batra Amit 2014.04.22 15: 48 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21