68 44 IN THE HIGH COURT OF PUNJAB 8 HARYANA AT CI1VDIGARH 1e CWP No 407 of2010 DateofDecisioI2011 d ParveenKumar mePetitioner Versus Stateof Haryanaandothers espondents 2 CWP No 19936of2009 0 Madan Mohan and others Petitioners Versus 1 StateofHaryana andothers 3 CWP No 511 of2010 0 0 Om Parkash ePetitioner Versus C State ofHaryana and others Respondents 4 CWP No 13860of2009 e Z RajKumar son ofSadhuRam 8 others mPetitioners 2 Versus lr r4 StateofHaryana andothers 5 CWP No 14506of2009 t Lekh RajSoni 8 another ewPetitioners Z Versus 00 Haryana Board 8canother 6 CWP No 14547of2009 mm Z Lalit Kumar 8 others Petitioners Qm Versus HaryanaAgricultural Marketing Board 8 another Respondents 7 CWP No 15394 of2009 Mls DarshanLal Sanjeev Kumar c others Petitioners Versus 4mee StateofHaryana and others Respondents 8 CWP No19533of2009 MehtabSingh c others ePetitioners Versus StateofHaryana and others Respondents Singh Gagan Preet 2014.04.17 13: 41 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 69 b4 CWP No 407 of2010 2 9 CWP No14760of2009 Kashmiri Lal ePetitioner Versus StateofHaryana andothers 10 CWP No 17252of2009 RichhpalSingh Petitioner Versus StateofHaryana and others CORAM1 HONBLE MRJUSTICE PERMOD KOHLI Presentl Mr SS Dinarpur Advocatefor the 0 0 Mr RD Sharma DAG Haryana t5 Mr Amit SharmaAdvocate for no2 to 6 e S 84 PERMOD KOHLIJ ORALI Z All these petitionsinvolve common of law based uponidentical facts Thesepetitions are being of by I this common order C3 Z Since theissues are generalin nature factsof each case are not 00 beingdiscussed However resume of the factsis beingnoticed from CWP 7 No 407 of2010 Z Market Committees Jagadhari Bhiwani and Pipli Kurukshetra issued advertisementsinviting for purchase of plotsin open auction lll New Grain Markets establishedin thesedistricts 4 All the petitioners allottedplotsin the open auction 250Ioof the bid were moneywas to be at the initial stagewhereasrest ofthe 750Iosale pricewas to be deposited within 30 daysof the receiptof allotment letter without interest or in half yearlyinstallmentswith interest of 75Io per annumaccruingfrom thedate of issuance of allotment letter One of the conditionsin the allotmentletterrequired the allotteeto complete the Singh Gagan Preet 2014.04.17 13: 41 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 70 4 CWP No 407 of2010 3 construction within one year from thedateof allotment It is common case of all the that neither the site was readyfor constructionnor physical was offeredto thepetitioners despite requests no6 vide letterdated1931986 askedthe to deposit the total amount within 15 daysIt is statedthatthe the anlOUnt of installmentsalongwith interest andpenalinterest It is case of the petitioners that despitedepositof the amount in some cases the L was not delivered by the Market Committee and 0 0 from time to time for deliveryof physical of the 5 allotted plotsSomeofthe petitioners howeverstartedraisingconstruction and completed the construdionof shops e Petitionerwas issueda show Z cause notice dated 2532006 whythe plotbe not resumed 2 for raisingconstruction without and demarcation Petitioner conveyed that he has raisedthe construction in the C1 year 2007 He was issued anotherletterdated2272008 to appear before Z the authoritiesfor violation ofthe conditionsno12 and 17 ofthe allotment 10 t letter In the meantime the issuedan advertisementdated me Z 2472008 granng extenslOn of 1 years for raisingconstructionto the 1 1 allotteeswho were allotted plotspriorto 1032000 In response to the advertisementthe petitioner communicatedto the that ln vlew ofthe latestpolicydecision dated2472008 thepetitioner is entitledto raise 1 construction Itis allegedthaton thisreplybeingflled the notice issuedto ttle petitionerwas not pressedand to the contraryanother letter dated 1822009 was issued Rs275100 asnonconstruction fee for the periodwef 16987 to 31122008 in the lightof the decisionof the 1 boarddated142009 Petitioner an Singh Gagan Preet 2014.04.17 13: 41 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 71 4r CWP No 407 of2010 e4 the demand but the same was not considered The petitioner filed CWP No 8151of2009 titledas ParveenKumar Vs State ofHaryana and others This petition was ofwith a directionto the to decide the within a periodof threemonthsfrom the dateof receiptof certifledcopy of the order The of the petitionerhasbeen rejected vide order dated 1 1692009 and the petitioners have this Court and l soughtfollowing reliefsl 0 0 44 0 issue a writ in the nature of Certiorarithereby the notice dated1822009 e109 videwhich an C45 amountofRs2751001 is beingdemandedfrom thepetitioner as nonconstruction feefor theperiodfrom l6987 to 31122008 and lso for the order dated 16112009 nnexure vide whichthe Z dated2432009 innexure Pm11 was dismissed by n03 and C ii issue a writ in the nature 0f Mandamusthereby directing the not to resume theplotofthe and X iio also for directing the notto chargeany non Z constructionfee interestor penaltyetc fromthepetitioner and to issue the certificateoftthebuilding constructed 0 bythepetitioner on his plotallottedbyMarket Committee Jagadhari since hehad deposited theentireamount as per the m termsc conditionsmentionedin theallotmentletter P or 1 1 in the replyjustifled their action and demand of noneconstruction fee on the groundthat the failed to raise constructionfor numberof years It is hlrtherpleaded that therewas no of delivery of physical of theplotas the allotment itself was the mode of deliveryof It is also pleadedthat the 1 petitioner raised theconstructionwithout demarcationand sanctionfrom the authority and thus the construction raised by the petitioner 1S illegal 1 1 Singh Gagan Preet 2014.04.17 13: 41 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 72 17CWP No 407 of2010 5e Similarissue has been consideredbythis Court ln a bunchof writ petitionsbeingCWP Noe 1122 of 2003 titled as Raksha Rani Vse HSAMB and others and otherconnectedmatters decidedon 62e20100 On considerationof thevarious reliedupon bythe authorities the of Honble SupremeCourt in case of UTe Administration and another Vse AmarjeetSinghand others as JeT 2009 41 SC 39 and MunicipalCorporation 1r Vse Investments Pvte Ltde reponed as 2006 0 0 SCC 109 and following observationshavebeenmade 0 44 l All cases tojamingofstatutory rules dated1032000 shall begoverned bythe contract Under the contractthereis no condition or covenant that theliabilityto Z Pay interestpenalinterestshall be uponproviding 2 facilitiesamenities Such oftheallotteeswhowere allotted 4 plotsprior to 1032000 are liable topay interestandpenalty X in accordancewith the terms and conditionsoftheallotment t Z letter 1 21 Such oftheallotteeswho were allottedplots after2000 are 20 r liable topay interestandpenal thedate0r of 1 was made Thepossession is to beoeredfromthe 1 dateofbasicfacilitieslike roads water supply are madeavailable Thus theliabilityto pay interestunderthe 9 provisions becomes thedate basic facilitiesareprovided is 0ed 39In sofaras theliabilityto pay is concerned at the timeofallotment ofplotsin theyear 1988 there was no 1 provision either in the contract or any statutoryprovisionfor paymentof extensionfee Extensionfeefor theflrsttime came to be decision dated291998 and thus the becomespayableonlyin respectofplots whereconstructionhasnot beencarriedout in accordance withthe terms and conditions dated Singh Gagan Preet 2014.04.17 13: 41 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document 1 Y CWP No 407 of2010 6 29A998 33 Issuesbeingsimilar thesepetitions are being of in termsofthe Copyofthis orderbeplaced on eachconnectedflle 1 PERMOD KOHLI 4 JUDGE 1 luc 0 l IO 5 4 r 0 tr C Z 11 r 7 Z rlv Singh Gagan Preet 2014.04.17 13: 41 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:28 I attest to the accuracy and integrity of this document