Skip to content


Present: Mr. Kamal Sharma Advocate Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Present: Mr. Kamal Sharma Advocate

Respondent

State of Haryana and Others

Excerpt:


.....chandigarh cwp no.5046 of 2002 [2].surya kant, j.(oral) this order shall dispose of cwp no.5046 and 14562 of 2002 as common questions of law and facts are involved in both the cases. cwp no.5046 of 2002 qua petitioner no.1 was held to have been rendered infructuous vide order dated 07.07.2005 whereas, petitioners no.2 to 5 and 7 withdrew the same qua them vide order dated 26.02.2007. in this manner, this petition survives qua petitioner no.6 only. the short grievance in both the cases is that the basic amenities like water supply, electricity, sewerage, roads, parking area and other requisite infrastructure have not been provided by the respondents in the new grain market at samalkha, district panipat. the petitioners further allege that even when all the development works were yet to be completed, they have been illegally burdened with interest liability on the delayed payment of installments. the instant writ petitions are pending since the year 2002. it is legitimately expected that by now all the amenities must have been brought in place. be that as it may, if the new grain market is lacking in terms of the promised facilities, the respondent-authorities are obligated to.....

Judgment:


CWP No.5046 of 2002 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH1 Civil Writ Petition No.5046 of 2002(O&M) Date of Decision: July 3, 2014.

Parveen Kumar and others .....PETITIONER (s) Versus State of Haryana and others .....RESPONDENT (s) 2.

Civil Writ Petition No.14562 of 2002(O&M).Shiv Narain Singh .....PETITIONER (s) Versus State of Haryana and others .....RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE SURYA KANT HON'BLE MRS.JUSTICE LISA GILL Present: Mr.Kamal Sharma, Advocate for the petitioneRs.Mr.Kamal Sehgal, Addl.AG, Haryana.

Mr.Suvir Sehgal, Advocate and Mr.Jagjeet Singh, Advocate for respondents No.2 and 3.

***** 1.

Whether reporters of local papers may be allowed to see the judgment?.

2.

To be referred to the reports or not?.

3.

Whether the judgment should be reported in the digest?.

***** Singh Omkar 2014.07.30 10:51 I attest to the accuracy and integrity of this document Chandigarh CWP No.5046 of 2002 [2].SURYA KANT, J.(Oral) This order shall dispose of CWP No.5046 and 14562 of 2002 as common questions of law and facts are involved in both the cases.

CWP No.5046 of 2002 qua petitioner No.1 was held to have been rendered infructuous vide order dated 07.07.2005 whereas, petitioners No.2 to 5 and 7 withdrew the same qua them vide order dated 26.02.2007.

In this manner, this petition survives qua petitioner No.6 only.

The short grievance in both the cases is that the basic amenities like water supply, electricity, sewerage, roads, parking area and other requisite infrastructure have not been provided by the respondents in the New Grain Market at Samalkha, District Panipat.

The petitioners further allege that even when all the development works were yet to be completed, they have been illegally burdened with interest liability on the delayed payment of installments.

The instant writ petitions are pending since the year 2002.

It is legitimately expected that by now all the amenities must have been brought in place.

Be that as it may, if the New Grain Market is lacking in terms of the promised facilities, the respondent-authorities are obligated to provide, maintain, renovate and repair the same.

They will do so within a period of six months.

Singh Omkar Ordered accordingly.

2014.07.30 10:51 I attest to the accuracy and integrity of this document Chandigarh CWP No.5046 of 2002 [3].If the petitioners are entitled to waiver of or deferment in payment of interest component as per the terms and conditions of the allotment or under the rules/policy decision taken by the respondents due to non-availability of the agreed amenities, such a claim shall be considered by the respondent-authorities sympathetically and dispassionately.

That apart, if any benefit has already been granted to the petitioners by the respondent- authorities during the pendency of these petitions, that shall remain unaffected by this order.

Both the writ petitions stand disposed of.

( SURYA KANT ) JUDGE ( LISA GILL ) July 3, 2014.

JUDGE ‘om’ Singh Omkar 2014.07.30 10:51 I attest to the accuracy and integrity of this document Chandigarh


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //