PANNA LAL KUNDAN AND OTHERS Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-5-598
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 17,2012

PANNA LAL KUNDAN AND OTHERS Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) Petitioners in all the above mentioned writ petitions are the licencees to carry on the work as Commission Agents in terms of Punjab Agriculture Produce Markets Act, 1961 at Ferozepur Jhirka. Challenge in the present writ petition is either to the claim of interest on the balance 75% of the sale consideration, extension fee for not raising construction and of resumption of plots for the reason of not raising construction.
(2.) The Haryana State Agricultural Marketing Board-respondent No.3 herein, established a new anaj mandi at the outskirts of city of Ferozepur Jhirka by acquiring the land for the purpose. In the new anaj mandi, 90 plots for shops-cum-residence were carved out out of which 30 plots were of the size 20''x 85'' and 60 plots were of the size 20''x50''. In addition to the aforesaid land, plots for booths were carved out as well as the land was reserved for Post Office, Bank, Market Office, Kisan Rest House, Cattle Shed, Platforms etc. The plots and the commercial sites were to be disposed of in accordance with the Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000 (herein after referred to as the "Rules"). 20 old licencees were eligible for allotment of plots on fixed price. The petitioners, 20 in numbers were allotted plots of the size 20''x85'' at the fixed price of Rs. 4,52,900/-. The petitioners deposited 25% of the price of the plot i.e. Rs. 1,13,225/- whereas the remaining 75% were payable in six half yearly installments with interest @ 16%.
(3.) The grievance of the petitioners is that it was the duty of the respondents to fully develop the anaj mandi and to provide the basic amenities and facilities like electricity, water, sewerage, roads, public urinals and laterine, cattle shed, water hut, cattle drinking water hut, common plat form with shed, post office and bank building etc., but such facilities were not provided as the respondents were bound to hand over the possession for the plots only after development of such amenities.;


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