C.W.P NO.108 OF 1993 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO.108 OF 1993 DECIDED ON : 17.03.2009 Balbir Singh ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 10206 OF 1991 Darbara Singh and others ...Petitioners versus State of Punjab and others ...Respondents Present : Mr. G. C. Dhuriwala, Advocate, for the petitioners. Mr. G. S. Attariwala, Additional AG, Punjab. Mr. J. S. Toor, Advocate and Mr. Neeraj Sharma, Advocate, for respondent No.2. SURYA KANT, J. (ORAL) This order shall dispose of CWP Nos. 108 of 1993 and 10206 of 1991, as common question of law and facts are involved in these writ petitions. For brevity the facts are being taken from C.W.P No. 108 of 1993. C.W.P NO.108 OF 1993 -2- The petitioner(s) seek a mandamus to direct the respondents to start development works in the New Grain Market yard at Sirhind. The petitioners were allotted the plots in the siad Grain Market being the highest bidders in an open auction held on 12.11.1986. As per the terms and conditions of the allotment, the petitioners were required to deposit 25% of the auction amount at the time of auction, whereas the balance 75% could be deposited within one month, without any interest or in six yearly installments together with interest @ 6% per annum. In the event of delay in payment of installments, the petitioners were liable to penalty in accordance with Rule 8 of the New Mandi Township Rules, 1965. It is the conceded position that the petitioners have paid only 25% of the auction amount and no payment towards 75% balance amount has been made. The petitioners' grievance till the filing of this writ petition (in the year 1993) the development activities were yet to start. While issuing notice to the respondents, the Motion Bench stayed further recovery from the petitioners till further orders. The Secretary of the respondent-Marketing Board has filed an affidavit dated 02.11.2007 suggesting that the development activities have been completed by the end of October, 2007. He has also filed a short affidavit dated 02.07.2007 wherein it has been mentioned that “the entire C.W.P NO.108 OF 1993 -3- development work with respect to provision of Auction Platforms, Subji Mandi, APF, Sheds, Office, Water Works, Sewerage System, Electricity etc. has been completed and parking lots and roads have also been provided”. I have heard learned counsel for the parties at some length and perused the records and the additional affidavit referred to above. Two fold contentions have been raised on behalf of the petitioners. It is urged that the illegal encroachments made by the jhuggi-dwellers have not been removed till date and resultantly, the plots have neither been demarcated nor possession delivered to the petitioners due to which they are unable to raise construction. The petitioners' second grievance is that the development activities like metalled roads, water supply, sewerage etc. have also not been fully completed. On the other hand, learned counsel for the respondent-Board and the Marketing Committee maintained that except a few encroachments, the development activities have been fully completed and the petitioners are in a position to take possession or raise construction. Having given my thoughtful consideration to the rival contentions, I am of the considered view that the respondents who are statutory authorities constituted to perform public duties were obligated to ensure that the sites were free from all encumbrances and the encroachments, if any, removed or the C.W.P NO.108 OF 1993 -4- promised basic amenities were made available at the site. It appears that the respondents have made no sincere efforts to remove the unauthorized encroachments and have rather tried to shift the responsibilities on the Colonization Department as if they have no concern with the auctioned sites. In these circumstances, I dispose of these writ petitions with the following directions : (i) The respondents are directed to remove the encroachments and complete the development works, if the same are still lying incomplete within a period of six months from the date a certified copy of this order is received. (ii) The petitioners shall, meanwhile, if they want to retain the plots, make the payment of at least half of the due installments along with interest before 30.06.2009. The balance payment shall be made by the petitioners within one month on completion of development works and removal of the encroachments. The respondents shall not be entitled to charge any interest from the petitioners for the six months' period only which is being granted to them to complete or remove the encroachments and/or to complete the development works. (iii) There shall, however, be given an option to the petitioners to enable them to surrender the plots, if they so want, within one month from the date of receipt of certified copy of this order and in that event, the amount deposited so far shall be refunded to them along with interest @ 10%. C.W.P NO.108 OF 1993 -5- Disposed of. MARCH 17, 2009 (SURYA KANT) shalini JUDGE