- (1.) This letters patent appeal has been filed against the judgment dated 19.5.2011 passed by a Single Judge in Civil Writ Petition No. 12875 of 2009.
(2.) Respondent Punjab Mandi Board, Chandigarh issued an advertisement on 22.1.2008, offering shops and booths for sale in New Fruits and Vegetables Market, Ludhiana. The petitioners were the successful bidder for Plot No. 333 on 13.2.2008 for an amount of Rs. 77,20,000/-. They paid 25% of the said bid amount at the time of auction. In consequence thereof, allotment letter was issued on 7.7.2008. As per terms and conditions of the above allotment letter, rest of the amount was to be paid in 6 half yearly installments with 15% interest. The schedule for payment was given in Para No.4 of the above letter. In the letter it is further stated that the site had already been constructed upto plinth level and the allottee has to pay an amount of Rs. 3 lakhs for the above construction before getting the actual possession. As per Clause 10 of the allotment letter, allottee was to complete the building within two years from the date of issuance of allotment letter, in accordance with the approved building plans. In Clause 15 it is stated that in case the allottee fails to construct the plot within the specific time, the plot will be resumed and the amount deposited, shall be forfeited to the extent of 10% of the total amount of consideration.
(3.) It is on record that the petitioners deposited the first installment on 7.8.2008 as per schedule given in the allotment letter. It is stated in this writ petition that as the respondent-department failed to give possession in terms of Clause 3 of the allotment letter, further installments were not deposited by the petitioners. It is on record that the petitioners applied for sanctioning of the plans on 2.2.2009 with a fee of Rs. 2,000/- against receipt No. 2657. It is case of the petitioners that as the place ear-marked for Fruits and Vegetables Market was not notified as a market, they could not start their business. Faced with the situation, the petitioners wrote a letter on 7.7.2009 (P-8) for refund of money, deposited by them. In response thereto, the petitioners received a letter dated 13.8.2009 intimating the petitioners that if they want refund, they have to deposit the installments of the plot. At that stage the petitioners came to this Court by filing this writ petition.;