JUDGEMENT
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(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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