PANKAJ SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners purchased plots in New Grain Market Naneola, District Ambala in the auction held on 27.11.2000 and 29.5.2001. The aforesaid auction was held in response to an advertisement (Annexure P-13) issued by respondent No. 4, according to which all modern facilities were to be provided in the New Grain Market, Naneola. The allotment letters were issued to the petitioners on 29.6.2001. As per the terms of the auction as well as the allotment letter, 25% amount of the sale consideration was to be deposited at the time of auction and the remaining 75% price of the plot was to be deposited within 30 days from the date of issuance of the allotment letter or in six half yearly instalments with 15% interest. According to the allotment letter, the said interest was to be calculated from the date of issuance of the allotment letter. It was also provided that possession of the plot shall be offered to the allottee within 30 days from the date of issuance of the allotment letter. Further, it was stipulated in the allotment letter that the allottee shall have to construct the building on the plot as per the approved design within a period of two years from the date of issuance of the allotment letter. Thereafter, the allottee was to obtain extension for construction, which could be allowed only on payment of extension fee as mentioned in the allotment letter.

(2.) THE case of the petitioners is that after the issuance of the allotment letter till today no development work has been carried out in the New Grain Market, Naneola. No facility of sewerage line, water supply line and electricity supply has been provided. In the site plan sanctioned for this Grain Market, cattle sheds, Ghada parking, Post Office, Telephone Exchange and Rest House have been shown to be provided but at the spot nothing has been built. It is the further case of the petitioners that in absence of the aforesaid basic amenities, the petitioners cannot raise construction on the plots as without the aforesaid basic amenities, even if they raise construction, it is not possible to live or run business on the site in the New Grain Market. The petitioners further submitted that the respondents have included in the price of the plots the expenses to be incurred by them for providing the aforesaid facilities, therefore, they are bound to provide these facilities. In spite of the repeated requests of the petitioners, the respondents did not care to provide any facility in the New Grain Market Naneola, but on the other hand they are pressing hard for depositing the instalments upto date with interest and penal interest. Under these circumstances, the present writ petition has been filed by the petitioners seeking directions to the respondents to provide the basic amenities and other facilities in the New Grain Market, Naneola and till such facilities are provided, they are not entitled to charge interest and penal interest from the petitioners.

(3.) IN view of the aforesaid discussion, we allow this writ petition and direct the respondents to provide water supply and sewerage facilities and other facilities, as mentioned in the sanctioned building plans, to all the plot holders in the New Grain Market, Naneola, District Ambala, within a period of one year. It is further directed that the respondents would not charge interest and penal interest from the petitioners till the water and sewerage Facilities are provided to them in the New Grain Market. It is also made clear that the petitioners will raise construction on the allotted plots as per the approved design within a period of two years from the date of providing of the water and sewerage facilities in the New Grain Market. However, in the meanwhile the petitioners will continue to pay instalments of the price already fixed without interest. The clause of interest would come into operation after the facilities of water supply and sewerage are provided to the petitioners in the New Grain Market. If the petitioners commit any default in making payment of instalments in the aforesaid manner, they will be liable to pay interest on the said default as provided in the allotment letter. Whatever instalments have fallen due till today, the petitioners shall pay the same to the respondents within a period of two months. If any new default in the payment of instalments is committed, the petitioners would be liable to pay interest also. Petition allowed.