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1. The petitioners in these seven cases are the allottees of different commercial sites. They allege that the Chandigarh Administration has failed to provide basic amenities/facililies for the use and occupation of the sites sold to them. They complain that the Administration has failed to administer. It is guilty of mal-administration. Yet, it is arbi-trarily charging ground rent and interest. It is even resorting to the resumption of sites. On these premises, the petitioners pray for the intervention of this Court so as to prevent the Administration from charging interest and ground rent. The factual position as relevant for the decision of these cases may be briefly noticed.

12. On behalf of respondent Nos. 2 and 5 viz, the Municipal Corporation and the Assistant Commissioner, a separate reply has been filed. The name or designation of the person who has filed the reply has not been disclosed. It has been averred that the petitioner had paid Rs. 18 lacs at the spot. The allotment letter was issued on February 5, 1998 after the petitioners had supplied the requisite documents. The possession was delivered on March 17, 1998. The Superintending Engineer has vide his letter dated August 10, 1999 intimated that "all the necessary Estate Public Health Services have already been provided for all the sites and all the sites near and adjoining the site of the petitioner are free from encumbrances in respect of sewerage, storm water drainage and water supply lines". It has, however, been acknowledged that "amenities such as parking, street light etc" cannot be provided till the sub-lessees who have started construction "remove building material etc. adjoining to their sites", Acopy of this letter has been produced as Annexure R.1. It has been further averred that construction of buildings on almost all the 17 sites in Sector 9 is in progress. The building material is stocked near the sites. Notices have been issued to the allottees to remove the building material so that roads, parking area already demarcated may be mettled. Some of the sub-lessees have constructed huts for their labourers. It has been further averred that "the Chief Engineer Municipal Corporation has intimated that the work in front of completed SCO sites will be done by 31.12.1999. Other basic amenities have already been provided."

25. In the context of the facts, the provisions of law and the contentions raised by the counsel, the questions that arise for consideration are :-

(i) Is the Administration required to provide the basic amenities which are essential for the enjoyment of the property ?

(ii) Is the Administration under a duty to remove encroachments like jhuggis or other unauthorised occupants like rehriwalas ?

(iii) Is an allottee entitled to contend that he is not liable to pay the instalment of the premium or the ground rent or the interest thereon till the basic amenities are provided by the concerned author-ity and/or the encroachments are removed ?

The writ petitions are allowed in these terms. The petitioners shall also be entitled to their costs which are assessed at Rs. 10,000/- per case.

64. The petitioners were allotted the site on March 28, 1995. Various requests were made by the allottees for the provision of amenities. The petitioners had completed the construction of the building within a period of three years from the date of auction. However, the allottees were not able to let it out as there was only wild grass all around and the basic amenities had not been provided. It was in pursuance to the interim orders that cement and concrete slabs were placed on loose earth to provide a passage.