BALDEV KRISHAN GUPTA Vs. STATE OF PUNJAB
LAWS(P&H)-2013-11-86
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 13,2013

Baldev Krishan Gupta and Ors. Appellant
VERSUS
State of Punjab and Ors. Respondents

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:-
The petitioners are aggrieved at the inaction of the respondents in not issuing a Notification under Section 7 of the Punjab Agricultural Produce Market Act, 1961 for the New Fruit and Vegetable Market at Ludhiana. Their further grievance is that no basic infrastructure, required for construction of the shops in the New Fruit and Vegetable Market, like roads, sewerage, water and electricity supply etc., has been provided so far. Contrary to it, the respondents are asking the petitioners to deposit the installments for the shop sites allotted to them along with interest etc.

Having heard Learned Counsel for the Petitioners at some length and keeping in view the nature of relief sought by them, I deem it appropriate to direct respondents No. 2 & 3 to treat this writ petition as a representation on behalf of the petitioners and dispose of the same by passing a reasoned order within a period of three months from the date of receipt of a certified copy of this order. The respondents shall specifically deal with the issues, as to why the basic amenities are not being provided in the New Fruit and Vegetable Market and what is the legal impediment behind issuance of a Notification under Section 7 of the Act.

The respondents would also consider the petitioner's claim regarding rescheduling of the payment of future installments, if so permissible under the rules.

(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:--
Therefore, in the interest of justice and fairness it is ordered as under:--

(i) Since there is no power with the Secretary, Mandi Board under the Punjab Agricultural Marketing Board (Sale and Transfer of plots) Rules, 1999 as amended in 2008 to defer the installments or give any other such concession, Estate Officer, Mandi Board will make a request to the State Government within ten days on the following points:--

a) Permission to exempt the petitioners from payment of installments and interest till the notification for the new mandi is issued by the State Government. The first six-monthly installment should be deferred and should become payable within one month of the issue of notification. Subsequent installments should also be rescheduled accordingly, interest should also be payable according to the revised schedule.

b) Permission to pay or adjust (as per option of the petitioners) interest on installments which have already been paid by the petitioners at the rate of 7% per annum (this being the prevalent interest rate given by the bank on FDs) from the date of payment of installment till the date of notification.

(c) Permission to re-schedule the period given to the petitioners for construction from the date of issue of notification.

(ii) Estate Officer will also request the Government to expedite the issue of the notification for the new mandi at the earliest.

Keeping in view the above, in the interest of justice, the Estate Officer is restrained from issuing recovery notices to the petitioners in connection with the unpaid due installments and from starting the process of resumption of plots for non-payment of due installments till a decision is taken by the government on the reference to be made by the Estate Officer.

(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:--


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