BALDEV KRISHAN GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The contour of the relevant facts and material, which are essential to decide the instant civil writ petition, is that, the Punjab Mandi Board (respondent No. 2) (for brevity "the respondent Board") issued a public advertisement (Annexure P1) offering the commercial sites (shops & booths) in proposed new Fruits and Vegetables Market, Ludhiana, containing all modern facilities mentioned therein. It was notified that the sites for shops & booths would be auctioned on 22.1.2008 at new Grain Market, Salem Tabri, Ludhiana. The petitioners intended to purchase the sites, accordingly they deposited the requisite earnest money of Rs. 20,000/- each, participated in the open auction and were declared successful in respect of their sites of shops and booths. On further deposit of 25% of the sale consideration, the allotment letters dated 13.2.2008 (Annexures P2/A to D) were issued in their favour. The possession of the sites was to be delivered within a week after issuance of the allotment letters. The petitioner-allottees were required to complete the construction within a period of two years from the date of issuance of indicated allotment letters in accordance with the building plans specified by the Estate Officer of respondent-Board. The payment of remaining 75% of sale consideration was to be made in six monthly installments. They were also liable to pay interest at the rate of 15% on the remaining sale consideration. The first installment fell due in the month of August, 2008. The case set up by the petitioner-allottees, in brief in so far as relevant, was that the Sabji Mandi was not developed as promised. There was no electricity, water supply and raising of construction of shops on the site was not possible. Since there were huge pits and the level of the area was much below the road, so, the actual physical possession could not be handed over to any of the allottees/auction purchasers. Even neither any statutory notification under section 7 nor any licenses were issued u/s. 10 of The Punjab Agricultural Produce Markets Act, 1961 (hereinafter to be referred as "the Act"). The petitioner-allottees repeatedly projected their grievances to the concerned authorities, but in vain. They were compelled to file Civil Writ Petition No. 2256 of 2009, which came to be disposed of by this Court, by virtue of order dated 12.2.2009 (Annexure P3), which, in substance, is as under:-

(2.) In compliance thereof, the representation of the petitioner allottees was decided, by means of order dated 27.7.2009 (Annexure P4) and the Secretary, Punjab Mandi Board, inter-alia, made the following recommendations:--

(3.) Thereafter, the Government of Punjab issued notification dated 20.10.2009 (Annexure P9) under section 7 of the Act. Subsequently, it was suddenly withdrawn by the State Government, by way of notification dated 6.11.2009 (Annexure P10). Then, the State Govt. again issued another statutory notification dated 1.1.2010 (Annexure P11) published in the gazette of 12.3.2010 and declared & established the pointed new grain market. In pursuance thereof, the respondent-Board issued the impugned letter dated 6.7.2011 (Annexure P5) and rescheduled the installments as under:--