457 4 lI 1 IN THE HIGH COURT OF PUNJAB c HARYANA AT 4 1 CHANDIGARH 1 CWP No 407 of2010 Date 4 Parveen Kumar Petitioner Versus StateofHaryana andothers 2 CWP No 19936of2009 MadanMohan and others ePetitioners Versus 1 r StateofHaryana and others 3 CWP No 511 of2010 0 0 Om Parkash Petitioner Versus C9 State ofHaryana and others Z e r4 CWP No 13860of2009 Z RajKumar son of Sadhu Ram 8 others Petitioners 2 Versus StateofHaryana and others I 5 CWP No 14506 of2009 Lekh RajSoni 8 another Petitioners Z Versus Q0 Haryana Marketing Board c another 6 CWP No 14547of2009 me Z Lalit Kumar c others ePetitioners Om Versus Haryana Marketing Board 8 another Respondents 7 CWP No 15394of2009 Mls DarshanLal Sanjeev Kumar 8 others Petitioners Versus 4ewe StateofHaryana and others Respondents 8 CWP No 19533of2009 MehtabSingh8cothers aPetitioners Versus StateofHaryana and others Respondents Singh Gagan Preet 2014.04.12 15: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 458 CWP No 407 of2010 2 PV 9 CWP No 14760of2009 Kashmiri Lal Petitioner ll Versus StateofHaryana and others 10 CWP No 17252of2009 RichhpalSingh Petitioner Versus StateofHaryana and others m CORAM HONBLE MRJUSTICE PERMOD KOHLI Present1 Mr SS Dinarpur Advocate for thepetitioner 0 t0 Mr RD Sharma DAG Haryana I C0 Mr Amit Sharma Advocate for no2 to 6 I 4 8 PERMOD KOHLIJ ORALI Z 2 All these petitionsinvolve common of law based C upon identicalfacts Thesepetitions are accordinglybeing of by I this common order C1 Z Since the issues are generalin nature factsof each case are not OO beingdiscussed However resume ofthe factsis beingnoticed from CWP C m No 407 of2010 Z 0 Market Committees Jagadhari Bhiwani and Pipli issued advertisementsinviting for purchase of plotsin open auction in New Grain Markets establishedin thesedistricts Oeee All the petitioners were allotted plotsin the open auction 250Ioof the bid money was to be at theinitial stagewhereasrest of the 75Io sale pricewas to be deposited within 30 daysof the receiptof allotment letter without interestor 111half yearlyinstallmentswith interestC of 750Ioper anilum accruingfrom the date of iissuance of allotment letter One of the conditions in the allotmentletterrequired the allotteeto complete the Singh Gagan Preet 2014.04.12 15: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 459 CWP No 407 of2010 3 44 within one year from the dateof allotment It is common case of all the that neitherthe site was readyfor construction nor was offeredto the despite requests no6 vide letter dated1931986 askedthe to deposit thetotal amount within 15daysIt is statedthat the the amount of installmentsalongwith interest andpenalinterest Itis case of m thepetitioners that despitedepositof the amount in some cases the L was not delivered by the Market Committee and 0 0 from time to time for of physical of the I allottedplots Some ofthe petitioners however startedraisingconstructioll C0 I 4 of shops Petitioner and the construction was issueda show Z cause notice dated2532006 whythe plotbe not resumed for raisingconstructlOO without obtaining and demarcation C Petitioneraccordingly that he has raised the construction in the I C year 2007 He was issuedanother letter dated2272008 to appearbefore Z 4 theauthoritiesfor violation of the conditions no12 and 17 of the allotment ClO c letter In the meantime the issued an advenisementdated Z 2472008 granting extenslOIl of 1 Iz years for raisingconstructionto the tl allotteeswho were allotted plotspriorto 1032000 In response to the advertisementthe petitioner communicatedto the that in view ofthe latestpolicydecision dated2472008 thepetitioner is entitledto raise construction It is allegedthat on this replybeingfiled the notice issuedto the petitionerwas not pressed and to the contraryanother letter dated 1 1822009was issued demanding Rs2751001 as noneconstructionfee for the periodwef 1f01987 to 31122008 in the lightof the decision of the board dated1412009 Petitionerpreferred an Singh Gagan Preet 2014.04.12 15: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 460 CWP No 407 of2010 4 4 againstthe 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 direction to the to decide the within a periodof threemonthsfrom the date of receiptof certifiedcopy of the order The of the petitionerhas been vide order dated A 1692009 and the have this Court and C 5 soughtfollowing reliefsl 0 0 o issuea writ in the nature of Certiorarithereby quashing I thenotice dated182200964nnexure P109vide which an C5 amount ofRs2751001 is beingdemandedfrom thepetitioner as noreconstructionfeefor theperiodfrom l61987 to I 31122008 and Isofor theorderdated 16112009 64nnexure P139videwhich theappealima Z dated2432009 I9 was dismissed by no3e and 1 ii issue a writ in the nature of Mandamusthereby directing the not to resume theplotofthe and C iio alsofor directing the not to chargeany non Z constructionfee interestor penalty etc from thepetitioner and to issuethe certificateofthe building constructed 10 bythepetitioner on his plotallottedbyMarket Committee Jagadhari since he had theentireamount as per the 2 terms conditions mentionedin theallotmentletter Z P19 or 0 in the replyjustifiedtheir action and demand of nonconstruction fee on the groundthat the petitioners failed to raise construction for numberof years It is 8lrther pleadedthat there was no 40 of delivery of physicalpossessionof the plotas the allotment itself was the mode of delivery of It is also pleadedthat the petitioner raised the constructionwithout demarcationand sanctionfrom the competent and thus the construction raised by the petitioner 1S illegal Singh Gagan Preet 2014.04.12 15: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 461 CWP No 407 of2010 5 4 Similar issue has been bythis Court in a bunchof writ beingCWP Noe 1122 of 2003 titled as Raksha Rani Vs HSAMBand others and otherconnectedmatters decidedon 6122010 On considerationof the various reliedupon bytheauthorities the of Honble SupremeCourt in case of UeT Administration and another Vse AmarjeetSinghand 1 others as JeT 2009 41 SC 39 and MunicipalCorporation r Vse Investments Pvte Ltde as 2006 0 0 SCC 109and followingobservationshavebeenmadel rr 0 l9 All cases toframing rules I dated1032000 shall be bythecontract Under the contractthereis no condition or covenant that theliabilityto Z payinterest penalinterestshall be uponproviding l facilities amenities Suchoftheallotteeswho were allotted plotsprior to 1032000 are liable to pay interest andpenalty I in accordancewith the terms and conditionsoftheallotment Z letter 21Such oftheallotteeswho were afr 2000 are CO liable topayinterestandpenal thedateoHerof 7 was made Thepossession is to be oredfrom the Z dateofbasicfacilitieslike roads water supply Ll are made available Thus theliabilitytopay interestunder the provisions becomes the date basic facilitiesare providedandpossession is 0red 631 In sofaras theliabilitytopay is concerned at thetimeofallotmentofplotsin theyear 1988 there was no provision either in the contract or any statutoryprovisionfor paymentof extenslon fee Extensionfeefor theflrsttime came to beintroduced videpolicydecision dated29A1998 and thus the becomespayableonlyin respectofplots whereconstruction has not beencarried out in accordance withthe terms and conditions dated Singh Gagan Preet 2014.04.12 15: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document CWP No407of2010 6 291998 33 Issues beingsimilar these petitions are being of 111 termsofthe Copyofthis order beplaced on eachconnectedflle PERMOD KOHLII 4 JUDGE 265201L 1 lY lucky IIo C lei07 I 4 1 c C0 Z m 1 Z 3 Singh Gagan Preet 2014.04.12 15: 42 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document