r r 416 r6 e 6 9 IN THE HIGH CHANDIGARH 1e CWP No 407 of2010 Date 1 ParveenKumar mPetitioner Versus StateofHaryana andothers 2 CWP No 19936of2009 MadanMohan andothers Petitioners Versus 1 0 Stateof Haryanaandothers 3 CWP No 511of2010 0 0 Om Parkash Petitioner Versus 0 State ofHaryana andothers e 4 CWP No13860of2009 Z RajKumar son ofSadhuRam others ePetitioners t Versus 1 StateofHaryana and others l 5 CWP No14506of2009 t Lekh RajSoni c another Petitioners Z Ct Versus r10 HaryanaAgricultural Board c another 7 e CWP No14547of2009 Z Lalit Kumar 8 others Petitioners Ll Versus Hafyana Board c another 7 CWP No 15394of2009 MJsDarshanLal Kumar 8eothers ePetitioners Versus 4 StateofHaryana and others Respondents 8 CWP No19533of2009 b Mehtab Singh8 others ePetitioners Versus StateofHaryana andothers Respondents Ii Gupta Suruchi 2014.04.11 16: 07 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 417 L t CWP No 407 of2010 2 1 9 CWP No14760of2009 Kashmiri Lal Petitioner Versus StateofHaryana andothers 10 CWP No 17252of2009 RichhpalSingh eePetitioner Versus Stateof Haryana and others 1 CORAM HONBLE MRJUSTICE PERMOD KOHLI 0 Present1 Mr SS Dinarpur Advocatefor the 0 0 Mr RD SharmaDAG Haryana C5 Mr 4mit SharmaAdvocate for no2 to 6 e 8SS PERMOD KOHLIJ Z All these petitionsinvolve common of law based 0 upon identicalfacts Thesepetitions are accordinglybeing of by this common order L Z Since theissues are generalin nature factsofeach case are not tD beingdiscussed However resume of the factsis beingnoticed from CWP J No 407of2010 Z W Market Committees Bhiwani and Pipli Kurukshetra issued advertisementsinviting for purchase of plot in open auction in New Grain Markets establishedin these districts 4w All the petitioners allottedplotsin the open auction 250Ioof the bid were money was to be at the initial stagewhereasrest ofthe 75Io sale i pricewas to be within 9daysof the receiptof allotmeHt18H8 withoutinterest or in half yearlyinstallmentswith interest of 75Io per annumaccruingfrom thedate of issuanceof allotment letter One of the conditionsin the allotmentletterrequired theallotteeto the Gupta Suruchi 2014.04.11 16: 07 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 418 1 b CWP No 407 of2010 3 constructionwithin one year from thedateof allotment It is common case of all the that neitherthe site was readyfor constructionnor physical was offeredto the despite requests no6 vide letter dated1931986 askedthe to deposit thetotal amount within 15 days It is statedthat thepetitioner the amount of installmentsalongwith interest andpenalinterest It is case of 1 the petitioners that despitedepositof the amount ln some cases the Ct was not deliveredby the Market Committeeand petitioners 0 0 from time to time for deliveryof physical of the 0 allottedplotsSomeofthe howeverstartedraising constructloll X e and the constructionof shopsPetitioner issued a show was Z cause notice dated2532006 conicating whythe plotbe not resumed for raisingconstruction without and demarcation C Petitioner conveyed that he hasraisedthe constructionin the year 2007 He was issuedanotherletterdated2272008 to appearbefore Z the authoritiesfor violationofthe conditions no12 and 17 ofthe allotment ClO C letter In themeantime the issuedan advertisementdated m7 Z 2472008 granting extenslon of 1 Iz years for raisingconstructionto the Ll allottees who were allottedpIotspriorto 1032000 In responseto the advertisementthe petitioner communicatedto the thatin view 0the latestpolicydecision dated2472008 thepetitioner is entitledto ralse construction It is alleged that on this replybeingtlled the notice issued to the petitionerwas not pressed and to the contraryanother letter dated 1822009 was issued Rs2751001 as noneconstructionfee for theperiodwef 16987 to 31122008 in the lightof the decisionof the boarddated 1412009 Petitioner an 0 Gupta Suruchi 2014.04.11 16: 07 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document ee 419 b 9 CWP No 407 of2010 ee4 the demand but the same was not considered The flled CWP No 8151of 2009titledas ParveenKumar Vs State ofHaryana and others This petition was ofwith a directionto the to decide the within a periodof threemonths from the dateof receiptof certifledcopy of the order The of the petitioner has been rejected vide order dated 1 1692009 andthe have thisCourt and f soughtfollowing reliefsl 0 0 C4i issue a writ in thenature of Certiorarithereby thenotice dated1822009 Annexure Pe10 vide which an t amountofRs2751001 is beingdemandedfrom the as noneconstruction feefor theoeriodfrom l6987 to 3122008 and lso for the order dated 41 1612009 013 videwhichtheappeallmm Z dated2432009 nnexure Pe11 was dismissed by no and L ii issue a writ in the nature Of Mandamustherebydirecting the not to resume theplotofthepetitionerand t iio also for directing the notto chargeany non Z constructionfee interestor penalty etc fromthepetitioner and to issuethe certiflcateofthebuilding constructed 0 bythepetitioner on his plotallottedbyMarket Committee since he had deposited theentireamount as per the Y terms conditionsmentionedin theallotmentletter innexure Z Pll or Il in thereplyjustifledtheir action and demandof noneconstructionfee on the groundthat the failed to raise cnnstruction for number of years It is furtherpleaded that there was no 4em of deliveryof physical of the plotas thallotment itself was the mode of deliveryof It is also pleadedthat the raised theconstructionwithout demarcationand sanction the competent authority and thus the construction raisedby the petitioner 1S illegal Gupta Suruchi 2014.04.11 16: 07 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document e44 420 4 CWP No 407 of2010 5 Similarissue has been consideredbythis Court in a bunchof writ petitions beingCWP Noe 1122 of 2003 titled as Raksha Rani Vse HSAMB and others and otherconnectedmatters decidedon 622010 On considerationof the vanous reliedupon bythe authorities includingthe of Honble SupremeCourt in case of UeTe ChandigarhAdministration and another Vse AmarjeetSinghand others as JeT 2009 1 SC 39 and MunicipalCorporation 0 Chandigarh Vse InvestmentsPvte Ltde as 2006 1 0 40 SCC 109and following observationshavebeenmadel l5 4r l All toframing rules cases dated 1032000 shall be bythe contract Underthe contract thereis no conditionor covenant that theliabilityto Z payinterest penalinterest shall be uponproviding tr facilitiesamenities Such oftheallotteeswho were allotted plotsrior to 1032000 are liable to pay interestandpenalty in accordancewiththe terms andconditionftheallotment Z letter 2 Such oftheallotteeswhowere allottedplotsafter2000 are C11 liable topay interestandpenal thedate0r of va Z possession was made Thepossession lS to beofredfromthe dateofbasicfacilitieslike roads water supply m are made available Thus theliabilitytopay interestunder the statutory provisions becomes the datebasic facilitiesareprovided is ofred 3 In sofaras theliabilityto pay is concerned at thetimeofallotmentofplotsin theyear 1988 therewas no provisioneither in the contract or any statutoryprovisionfor paymentof extenslOnfee Extensionfeefor thefirsttime came to be decision dated291998 and thus the becomespayableonlyin respectofplots whereconstructionhas not beencarriedout in accordance with theterms and conditions dated Gupta Suruchi 2014.04.11 16: 07 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 tv CWP No407of2010 6 l 29A998 33 Issuesbeingsimilar these petitions are beingdisposedof 111 1 termsofthe Copyofthis orderbeplaced on eachconnectedfile PERMOD KOHLII 4 JUDGE 2605e20110 m 0 lucky 184143ec Ile t5 91 e Il et Z C Z Om ee Gupta Suruchi 2014.04.11 16: 07 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document