r J 1 430 1 1 4 CWP No1122 of2003 other connectedmatters 1 1 INTHE HIGH COURT OF PUNJAB ANDHARYANA AT 41 CHANDIGARH DATEOF DECISION 6122010 1eCWP N001122of2003 1 0 RakshaRani eeePetitioner VERSUS n C HSAMBand others e e S 10 2eCWP Noe20153of2004 0 5 I RameshChand 1 14 etitioner 1 I zr 6 4 VERSUS Z 1 tr HSAMB and others 1 n C1 3eCWP No16182 of2009 4 08 AshokKumar 1 CQ Petitioner 7 S Z VERSUS Om State MarketingBoardand others 4eCWP Noe16787of2005 4 9E SurinderKumar Ji Petitioner 1 1 Il 1 21 0 ee ree 71 VERSUS r State Agricultural MarketingBoard and others 10 1 4ed 1 5CWPN05152 of2007 i1 1 Ll J5111tJI2JU 11 LJUTt Jlulr11 4 1 e lJl75 110 5 1T L 1 1 lICTIle Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document V 1 431 e 1 2 of2003 other connectedmatters CNVP 1 14 SarlaDevi 1 r 4 eeePetitioner P r I r VERSUS Boardand others Respondents 6CWPN05202 of2007 ShankuntlaDevi eeePetitioner 1 10 VERSUS others 50 CO e e 1 C5 7CWPNoe1781of2008 Kalicharan and others Petitioners Z VERSUS others I RespondentS 1 08 Cll 8eCWP Noe20142of2009 Ashwani Kumar and another 3 Petitioners Z 0 1 Qm VERSUS 1 1 others e e 9CWPNo20141 of2009 Jai Parkash 1 eeePetitioner 1 aee 1 1 r VERSUS others 4 4e9 ResponOents 100CWP Nol17 of2010 1 1 1 Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 432 r r 5 1 CWP N0e1122of2003 8c other connected matters 3 1 I t Y Balwant Rai bv eeePetitioner VERSUS Haryana State AgriculturalMarketingBoard and others 0 e eRespondents 1 110CWPNo18076 of2009 PardeepKumar nU eeePetitioner m r VERSUS 14 0 Haryana State AgriculturalMarketingBoard and others 0 e e Z 6Oo 12CWP No8096 of2009 Ae 7 1 I Tara Rani 1 eeePetitioner Z 2 3 Q VERSUS Haryana State AgriculturalMarketingBoard and others I c8 ee e eRespondents Cll 13CWP N0018095OF 2009 r RadhaKishan and another V 1 Z etioners 0 VERSUS StateofHaryanaand others 1 e e 1 14CWP No064 of 2010 Sunil Kumar Sareen 1 1 etitioner eeeeemee VERSUS StateofHaryanaand others V Respondents 1 Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 433 P 1 CWP No1122 of2003 O other connected matters 4 e CORAM 7 l HONBLE MRJUSTICE PERMOD KOHLI PRESENT MRavi KapoorAdvocate MrNaveen Batra Advocate Markan Advocate MrJagatSinghAdvocate for the petitioner 1 MrCB Geol Advocate MrAK JangraAdvocate MrAmit Sharma Advocate C for 0 0 1 m 63 Permod Kohli Je CD et 5 nr Z Controversyis common to thesepetitionsPreciselyspeakingthe petitlonersare the action of the in charging 0 1 t fee interest and penaltyfrom them for grantingpermissionto extension I 08 raise constructiOn overtheplotsallotted to them in various developed areas CQ CC 111the Stateof HaryanaIn some claim is made for rlnd of the m3 Z interestand alreadydeposited Petitionersin all thesepetitionswere Ll allottedplotsby the for different commercial purposes from time to time In view ofthe nature ofreliefclaimed it is not necessaryto adven to factsof each and every case However brief factual matrix is noticed from 1 CWP No1220f2003 1 4eee0W Market Committee Kalka referred to as the by a generalauctionnotice invited applications r for allotmentofplotsin the Grain Market to be developedby HaryanaState MarketingBoard namelyKalka Mandi Besides givlngthe 1 e v Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 434 P 1 1 No1122 of2003 other connectedmatters 5 CWP Y ofthe area various other facilities to be ovided in the New location 2v Grain Market were The relevant extract of the above auction 1 notice is here underl 1 C4 This mandi 1S beingdeveloped with the modern Proper in the mandiis oeingmadefor waYe Cadda shedsPark and Rest House 1 pucca Latrines Cooler Water electricity sewerage I m sheds and for their drinkingwater Work of and Q and roads have been Facility r pucca 0 0 of bank and post office will also be provided in the 4 IC mandi 99 1 I J was to be madethrough open auction The paymentwas to e Z bemade in accordancewitlthe followingschedulel e bidamount will have to be at the C 3114 ofthe 191 I spot 7 08 auction pricein 8111can be within I 1 Ol Cr from the date of without interest or one np1 Ii t Z three years in 6 4 the same can be in 11 1e 0m easy instalmentsnthe balance amount 1 ofthe instalmentsinterest at the bank rate would be leviableee 91 4 constructthe shop under obligationtO ee The was r It yearas per the designofthe MarketCommittee within one 1 1 for allotment of plotand in the The I e heldon 1521983 at Kalka Bid of the petitionerwas and auction e9 1 47 and 48measuring16 x 50 for an the was allottedplotnos 1 1 e TL 117 m7 T L 1 rL Jl Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 435 1 J 1 CWP N001122of2003 other connected matters 6 1 9 of Rs32000 Earnest money of Rs80001 was 8dted towardsthe amount 6 1 of theplot The balance amount of Rs240001 being750Io0fthe sale 1 was to b6 depositedeither within 30 daysof the receiptof the 1 allotmentletterwithout interest or in three instalmentswith interest at the rateof7 V010in the followingorderl No of Date of l Amount of Interest Total Remarks insalmlt l instalment l S 255S3 RsS0001 R5010 Rs8150 1 1ee e Rs0001 Rs6001 Rs6001 J 2nd 25183 e6 1W S e e4e 1 I e Rs8300 RsS0001 IRs300 e1 3 2 UW t n n 0 0 from the interest leviable on paymentby instalments the I 41 C5 allotmentletter alsocontained a covenant for impositionof penaltyfor Ie paymentClause 6 relatingto impositionof penaltyis Z t hereunderl a r For l default 5Io 1 1 I For 2 default 7 Ilo 08 For defaulter 10Io r7 It is that of the allotted plotswas not giventill 3 Z claims to have made a requestfor handingover the 2001 The 1 tl l vide letter dated 1782001 lnnexure P The petitionerwas 1 possession vide letter dated askedtodepositthe extension fee before I e 62001 4nnexure P It was also indicatedthat thepetitioner has failed 5 petitionerplacedon record some letterswhereby to construct th6 shop The 9 71 j l 1 C of Executive Officerecum requestwas made for r Market Committeevide its letters dated157002 Annexures P r 1 1 14 andP159 asked the petitioner to depositextension fee ofRs21001 i09 4S for each plotbefore extension for construction of the shopis grantedThe 4 however for waiving off the extension fee vide letter v1L I I e Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 436 IJI 6 ew 1 Il t of2003 Sc other connected matters 7 J CWP P dated3172000 64nnexurep In the year 2000 HaryanaGOvernmen 4 7 framedRules Haryana State MarketiligBoard Sale of Immovable Rules 2000 hereinaftereferred to as the 2000 1 byallotment and sub rule Rule9Rule 40fthe aforesaidRule relatesto sale 1 659 mode for making The mode of is as underl XXX xxx XXX xxx 1 1 balance seventyfivepercentof the priceof plot 7 1 either be without interest within thirty 0 C0 from the date of issue of or in six T 441e C5 h8lfyearlyinstalmentswith fifteen percentinterest or at ofinterest as may be specified by the Board such rate 1 Io Z time to time The first suchinstalmentshallfall due r six months from the date of allotment letter r I However interest On shall accrue from the 08 dateof offer of 15 m r ofthe aforesaidRule further deals with the which Rule 5 e IZ readsas under tl 5The of the plot shall be offered to tt 1 Market allotteeby the Executive Committeewithin thirtydays from the date of issue of allotmeht letter If minimum basic facility 1eeeroads Cmm 1 water supplyelectrificationare and if the said then after providing the basic facilities arenot saidbasic facilities 13 7 414 1 11 J c 11 n n J e ee 0 4 V Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 r lee e V 01 ULUe2 85llleLter 1 e5 44Oamvew e4nIwO m0 UOM0 437 1 4J J 1 1 CWP No1122 of2003 8c other connected matters 8 t 9e 1 59of Rule 4 and Rule 50f the 2000 Rule was amended 1 Sub Rule 1 videnotification dated52002 as under 1 In rule 4 and in sub rule 659the words and signs l r However interest on instalmentsshall accrue from the 1 date of offerofpossessionshall be addedat the end In Rule5 atler the words allotment letter the Words letters andsigns if minimum basic facilities ie rods sewerage and electrification are existing 0 andif the said basic facilities are not existingthen after 1 J c0 the said basic facilities shall be added at the 2C C0 1 end 53 The placedon record certificate dated 712004 Z to indicate that the construction was on 30122003 6Annexure P Ir 2 Q 219Another communication dated 2612009 has been flled as Annexure I P31 which indicates that water supplyin grainmarkethas started since 08 C 26112007 The petitioner has placedon record to establish thatthenecessary amenities in the area have not been providedeven till 17 Z 23 2009 Il To thecontrary the in their replyhave pleaded that the basicfacilities such as platforms streets electricitywater supplyroads and offlce buildingetc have been in the Grain Market It is irther 1r statedthat second auctionof plotwas conductedin the same market on 4mVma 30 11990 an 24 out of 25 plotswere sold It is accordingly pleadedthat this establishes of certain facilities even in the year 1990 It is lrther the case of the that the petitioner was not in6efestedin construction of the shopsThat is w7hythepetitioner waited for 20 yearsto 1 Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 438 4m l 1 CWP N001122of2003 other connectedmatters 9 t It is also stated that the petitionerseems to hdve e raise thelolotfor reesale also statedthat thepetitionerdid notpay the instalmentsafter initialpaymentof earnest money and it was 1 depositedagainstPlot April1989 that a sum of Rs25001 was only lIl 1 NoA7 and Rs0000 againstplotNoA8 A notice dated 95 1988 was 1 J served upon the didnot start constructionanclus thepleathat despitethis the petitioner r 1 was ot handed over till August 2001 is not well founded CL possessiOll of the paymentsmade by the petitionerit has been 1 0 Givingdetails 1s 0 thatthe balance amount of priceof the plotwas paidby the rnentioned 32 C9 betWeen201986to 21 11987for Plot NoA7 and between for Plot No48 have also pleaded that 1821986 to Z the year 1984but she did not possesslOO was offeredto the 1 reliedupon the policydecision dated Q take have I 29A1998 decisionwas taken to chargeextensionfeein all cases 08 periodfor constructionof shopslapsed on 0987 where two 00 During the of the petitionandin view of the conflicting V Z availabilityof facilities this Court vide its 1e standsof the parties Qm LocalCommissionto inspectthe site in orderdated 182003 a KalkaMandi The Commission afterspotinspectionubmittedhiS rPOTt 1 dated22003 The reported that the of the area 1 andvery few shopshave been constructedThe 1 lll question is very poor 1 1 andare in bad condition Electricpolls roadshavebeen partly constructed havebeen installedbuttheelectricityis availableonlyon ednesdayIt is further mentionedthat thOUh water tank was constructedhowevesthereis r e4 no system of water The seweragesysteminstalledilot working 1 1 l Ue e e v e e e e Tr Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 439 4 1 J 9 e 7 CWPN01122 of2003 Scother connected matters 10 Ic used for parkingof buses and othetvehicles From the The area is V 1 placedon record it also appears that there are very few constructed Some constructions are incomplet Roads 1 1 where thereisa roadit isnot havenot beenproperlyconstructedand even metalled here are bushes here and there Electric pOllSar ViSible Th 2 land is uneven Trucksbusesand cars aroarked in a manner on Some of these were takenin November 2009 vanous t 1 with a c dated camera reply of the also does not establish that all the 0 The 0 It facilities are 111 nor any details of facilities given 1 C canbe safelyand convenientlyinferredfrom the abovementionedfacts that 7 thefacilities have notbeen provided as per the general auctionnotice issued J Z as far back as in theyear 1984 Thoughthe have pleaded that r wasofferedin theyear 1987 however thereiS no such record to possessiOn their contention Both the sides have relied upon various 08 of this Court and of the Honble ApexCourt It may be useful to Ie r U noticesome ofthe relied upon bytheparties Z A Division Benchof this Court in the case of PankajSharma and e others vse State ofHaryanaand others 200331PLR 790 while relying earlier Division Bench judgment of this Court titled as Mls Makhan Lal DalipSingh etceve HSAMBe CWP NoA241 of 1992 decided on e 5619931held as under 1 1 4In view of the aforesaiddiscussionwe allow this writI and direct the to providewater 1 and sewerage facilities and other facllitiesas mentionedin the sanctionedbuildingplans to all the Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 440 1 I r No1122of20038 other connectedmatters 11 CWP Y plotholders in theNew Grain Market Naneola District 1 Pe Ambala within a periodof one year It is furtherdirected 5 thatthe would not chargeinterst and penal 1 thepetitioners till the water and sewerage 1 interestfrom facilitiesare provided to themin the New GrainMarket It isalso that the will raise construction on the allottedplotsas perthe 1 designwithin a oftwo years from the date of 1 r ofthe water and seweragefacilities in the New providing 0 0 the meanwhile the Grain Market However 111 22 CD will continue to pay instalmentsof the price alreadyfixed withoutinterest The clause Of intereSt 1 Z after facilities of water would come into C supplyand sewerageare provided i0 thd pelitioners 1I1 I tlie new Grain MarketIf the petitioners commit any O8 paymentof instalments in the 1 default in ClO 10 aforesaidmanner theywill be liable to pay interest on ee Z the said default as provided 111 the allotment letter Om Whatever have fallen due till today the shallpay thesame to the within a period of two months If any new defaultin thepayment 4e of instalments is the petitioners would be 1 liableto pay interestalSOe 13 1 r Benchin the case of Mls Fateh SinghJitender AnotherDivision 1 I l Kumar vs State of Haryana and others 2000 631PLR 2 also consideredtheearlier Division Bench judgment in the case ofMls Makhan uo re2vr P m Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 441 4V 44 1 of2003 t other connectedmatters 12 CWP 7 supraland other judgmentin th Lal DalipSingh etce ve HSAMB 1 case of Sukhpal Kang v ChandigarhAdministration 1999 e PLJ219 DBI wherein it has been held as under 11 The Annexures P6 and 17 relied upon by f ShriHooda do not in any manner supportthe case set up by the petitionerA careful readingof the order in Makhan Lal DalipSinghandothersv Haryana Stateand others shows that petitlonersMls Makhan Lal C 1 with thepleathat it COUld 0 DalipSinghhad come 0 start constructiondue to lack of water and sewerage not E CD connections andalso because the electric wires were 2C plotThe ccunsel appearing for the passing over the Z seems to have on a J 2 imlssiblefor the petitioner to realisationthat it was I because of the exlstenceof electric raise r 08 to the imposition of conditionl wiresover theplot Cll thecourt that interest shall not be chargedon the ma by 1 Z in CWP of instalmentsThe order passed Qm Nol0948 of 1993 is but a reiterationof the case direction given in MJs Makhan Lal Dalip Singhs The petitionerln our considered ew cannot 1 of those orders because as per his own take e 1 has been and showingthe constructlon and telephone Kave been made availableto it 4 0 A Single ofthis Court in the case of Vinod Mittal and others 0 e Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 442 5 1 1 CWP No1122 of2003 other connected matters 13 1 4 of Haryana Ors 200911RCR Civill 528 considering 1 VSeState Ivlv similar issue in thiscontext and various regulationsof HUBA held as 1 under 161 On a combined readingof the relevant 1 of the A Act and the Regulations J it that the basic amenities can be sa when the metaled roads 1 to have been 1 water sewerage and electrification 1S 1 and madeavailable to the allottees The 1 amenity is a wider expression which includes 1 1 ctivities like thetourist spots open space parks t 1 and play 6e1ds etc Thoughthe expression 1 work has not been defined under 1 7 the HUDA1t or the Regulationshowever for 0 the limitedpurpose of abling an allottee to 0 71 utilizethe allotted site it would includele basic J I amenities onlyand not the amenities which are to e A 1 Co be for the entire townshipand need not I be confinedto one urban area only The e are thus unde a legal 4 1 IZ obligationto the basic amenities and 4 the developmentworks before the n e is offered r 1 1171 Similarly the liabilityof an allottee to pay 1 r interest on the balanceallotment priceshall accrue 1 08 from thedateofoHer onlywhichin turn can be offered only on of Cll works It necessarilymeans that 1 t unlessthe works consisting of basic nwo amenities are the 1 Z e 1 authoritiescannot charge lnterestfrom the allottee 1t behalfof the 1 11 The contentionraised on that the of developmentwork 1 basic amenities is not a bilaterally for charginginterestfrom the 1 allotteeis thus totally and ments e In view of the above referred provisions 1 1 statutory obligations upon the v WV llTlpOSlng 1 the principleslaid down by the Hon1016SupremeCourt in a recent decision in t 1 UTe Chandigarh Administration Ve Amarjeet Singh82Ors 200964SCC 660 also do not come 1 therescue of the The HUDA is a 1 to statutoryauthorityconstituted to act as an 1 extended hand of the welfare State It has to act 4t4 Il strictlyin accordancewith its own Regulations Since the local commissionerhas found as a matter of fact that the development works comprising the 0r u Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 443 1 4 7k1 P5 j P of2003 c0other connected matters 14 CWP r basic amenitles were in June 1992 1 1 w2 have no hesitation in holdingthat the petltloners interestwith effect from 161992 are onwards and not priorthereto 11 LearnedSingleJudge111 case ofPawan Kumar vs State of 1 Haryana and another CWP of2008 decided on 125009 while of the Market Committeeobservedas the rightsof the allottee 1 under In this view ofthe matter there can be no escapebut to Iee Q h61dtkat the petitioner defaultedin paymentof 0 due installmentsas perthe agreedSchedule the II C40 42 have rightlyheld it liable to pay penaland C conditions I and no direction for the refundthereof ofthe Z canbe issued 4 1 The writpetition is of accordingly AnotherSingleBench ofthis Court in a bunch ofwrit petitionstitled 08 00 asBir SinghNain andothers vs HaryanaState Agricultural Marketing 7 othersCWP No12018 of 2008 and Z BoardHaryana Panchkula and I l Qm The stand of the Board that basic amenities were the providedat the time of allotment is by allotteesUnder the writpetitionthis Court will not 4e 1 J 1 this issue Sincethe matter has alreadybeen 1 decidedby a Judgeof this Court relyingupon in Mls ShantikunjInvestments Case lpra 1 4a9 haverightlypaidthepenal interest Theref0re petitioners are not entitled to any refund for making 1 n e ee Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 1 444 4 J I e 4 a CWP No1122 of2003 other connected matters 15 1 41 payment ofextension fee and penalinterest 1 v While consideringsimilar issue Honble SupremeCourt in the case 1 of UT ChandigarhAdministration Anr Vse AmarjeetSinghSc Ors 1 JT 2009 SC 39 relied upon its earlier judgnient111 the case of 1 1 nl MunicipalCorporati6nChandigarhVe ShantikunjInvestments Pvt 1 5 Ltd 2006 641SCC109 and various other judgmentsand observed as 1 01 4 1 underl r 1830 As per the terms of allotment upon a of the 2 per cent will be a 0Il 0 handed over and rest of the 75 per cent of the 1 0 leasedamount to be paidin a staggeretnannerie in three annual equatedinstallments alongwith Z interest at the rate of 10 per cent Ifsomeone wants CD to depositthe whole of the 75 per cent of the a4ee I amount he can do so In that case he will not be required to pay any interest But if partywants to Z makepaymentwithin a periodofAhree yearsthen he is under the obligationto pay 10 per cent n interest on the amount of installment This is the Q obligationon the part of the allottee as per the condition of lease and he cannot get out ofit by Il sayingthat the basic amenities have not been 17 A5 providedfor enjoyingthe allotted land therefore OO he is not liable to pay the interest 7 We askedthe leamed counsel for the parties to tell Z US which is the obligationofthe lessor in the lease deed which saysthat theywill not char lnterest OIl the installmentsbeforeprovidingthe amenitles 1 Il There is neither any condition in the lease nor any 1 obligationunder the auctlon If the partieshave given their bids ar4withtheir eyes wide open they hav to blame themselves It cannot be enforced by any mandamus as there is no obligation contained in the lease decd or in the auctior aee notlC Il r 1 Therefore it is evident that a lesseelsucce58ful 1 I l bidder cannot seek of the instalments of premiumor of accrual of the interestpayable as per rules 99 1449 0 20We are not in a position to accept the 1 submission of Shri Bhandarethat equitywould not demandchargingof interest even thoughtheplots 1 Rani Anita 2012.08.30 15: 03 True Scanned Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document b 1 1 e 445 1 1 4 CWP No1122 of2003 8c other connected matterSa 16 9 are yet to be 8111ydevelopedWhen partiesenter hV into contract theyare to abideby tetenns and conditions of the same unless the same be 1 inequitableIn the presehtcase questionof equity 1 does not reallyarise inasmuch as the condition relatingto interests founded on a statutoryrule vires ofwhich hasnot beenchallenged Il 24 But the facts of this case are completeiy different The auction sale wasln December 1996 The National ommission has recorded a flnding 1 that almost all the facilitieslamenitieshad provided 0 in the year 1999thatis within about two years 1 Therefore the Observationsofthis court ln para38 tt of will have no to these 5 1 cases particularly as theyWere made in the context 0 of a writ proceedingwhereas we are