Punjab-Haryana High Court
M/S Sewa Ram & Others vs State Of Haryana & Others on 14 September, 2012
Author: Hemant Gupta
Bench: Hemant Gupta, Rajiv Narain Raina
C.W.P. No.15001 of 2001 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
C.W.P. No.15001 of 2001 (O&M)
Date of Decision: 14.09.2012
M/s Sewa Ram & others ...Petitioner(s)
Versus
State of Haryana & others ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Ankit Goel, Advocate, for the petitioner(s).
Ms. Palika Monga, DAG, Haryana, for respondent No.1.
Mr. Davinder Arya, Advocate, for
Mr. Partap Singh, Advocate, for respondent Nos.2 & 3.
HEMANT GUPTA, J.
The petitioners were allotted plots in the year 2001 in the New Grain Market, Sonepat. The grievance of the petitioners was that the respondents have not developed the basic facilities such as common platforms, covered sheds, roads to reach to the shops, service roads behind the shops, water facilities by installing water works, construction of disposal works, laying of drainage, parking and rest houses etc. In the written statement filed, it has been pointed out that plot Nos.1 to 85 were not allotted to any person, as no development work was carried out by the respondents, but in the shops allotted to the petitioners, basic facilities like roads, lights and individual platforms in front of shops and also common platform was constructed by the respondents. Such facilities are being used by the petitioners. The Market Committee has provided a common platform in front of the shops and also provided C.W.P. No.15001 of 2001 (O&M) 2 individual platforms to the shop-holders and that the internal roads have been constructed. Even the water has been provided earlier by the tanker. It was further stated that the work of sewerage is in progress. It is also averred that the petitioners are using New Market Yard from the Paddy season of 2000 and Wheat Season of 2001.
The petitioners have now filed an application for disposal of present writ petition in the light of the judgment dated 25.01.2012 passed in CWP No.15740 of 1993 titled 'Kaur Chand Vs. Chief Commissioner, UT Administration & another'. The said order is, in fact, in respect of penalty claimed under Chandigarh lease Hold of Sites and Building Rules, 1973. Such order is not applicable in respect of the claim of the writ petitioners, which is based upon Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, which are subject matter of challenge in LPA No.502 of 2011 titled "Raksha Rani Vs. Haryana State Agricultural Marketing Board & others".
The present writ petition is dismissed in the same terms as in Raksha Rani's case (supra), as the issues raised in the present petition have been addressed in such petition.
(HEMANT GUPTA)
JUDGE
14.09.2012 (RAJIV NARAIN RAINA)
Vimal JUDGE