ROOP NARAIN CHANDANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of two writ petition Nos. 4948 and 5081 of 1986 as the learned counsel for the parties are agreed that common questions of law and fact arise in them. In order to appreciate the controversy between the parties, the facts from C.W.P. No. 4948 of 1986 are being taken.

(2.) The petitioners who are residents of Karnal participated in an auction held by the Karnal Improvement Trust, Karnal (hereinafter referred to as 'the Trust') for the sale of commercial plots under Development Scheme No. 21 framed by the Trust under the Punjab Town Improvement Act, 1922, as applicable in the State of Haryana. This auction was held on March 30, 1981 and the petitioners jointly purchased plot No. 27 and gave the highest bid of Rs. 2,10,000/- and deposited 1/4th of the price i.e. Rs. 52,500/-, at the time of auction. Allotment of plots by auction or otherwise is governed by the Improvement Trust Land Disposal Rules, 1976 (hereinafter referred to as 'the Rules') framed by the Trust in exercise of the powers conferred by Section 74 of the Punjab Town Improvement Act, 1922. Rule 13 of the Rules provides that when a plot is disposed of by public auction the Chairman may accept subject to the confirmation by the Trust, the highest bid in respect of any plot. Rule 22 of the Rules provides that after the confirmation of the highest bid by the Trust, the purchaser shall be required to pay the price of the purchased plot within 30 days from the date of such confirmation. The Trust may permit the payment of the balance amount in instalments which shall not be spread over a period of more than ten years. Rule 22 of the Rules which is relevant in this regard is reproduced hereunder for facility of reference :

(3.) The petitioners have impugned the order of the Trust (Annexure P-4) as well as the order of the Commissioner (Annexure P-6) and also the communication dated 4th September, 1986 whereby the Trust made a demand of Rs. 2,69,072/- including the interest on the balance outstanding. Their prayer is that the Trust be directed to deliver the possession of the plot to them on payment of balance amount in instalment without any interest thereon.