High Court of Punjab and HaryanaCWP/20943/2022disposed of

Amit Kishan Madan v. State Of Haryana And Others

2022-12-14Mr. Justice Harinder Singh Sidhu,Mr. Justice Lalit Batra33 pages

GIANENDER KUMAR 2022.12.16 11:31

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' (A)

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%" shall mean sheet of drawing with directions signed by the Competent Authority and kept in his office showing the measures of architectural control ;

(B)

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% (1) The applicant shall obtain Architectural Control Sheet approved by an authorized officer of the Competent Authority, by applying on plain paper and as per rate fixed by Competent Authority. The applicant is not required to get the building plan sanctioned from the Competent Authority if the Architectural Control Sheet is adopted for execution in total. Provided the applicant constructs the building strictly in accordance with the standard design.

(2) The applicant shall, however, have to obtain formal permission from the Competent Authority for starting construction of the building and shall also intimate date of commencement of construction of building to the Competent Authority.

(C)

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(1) Type and character of building, including ancillary buildings, that may be erected or re)erected on a site and the purpose for which these may be used shall not be other than shown in the Development Plan or the approved layout plan or sector plan or zoning plan.

(2) Where the site does not form part of such layout or sector plan or zoning plan, the use shall be in conformity with the use of the surrounding area, or use prescribed in development plan and the decision of the Competent Authority shall be final in this respect.

(3) Every building that may be erected or re)erected on a

site shall, in addition to the foregoing restriction, comply with the restriction shown in the Architectural Control Sheets, wherever applicable, shall have precedence over the zoning plan or the building Code.

(4) Every building that may be erected or re)erected on site shall, in addition to other restrictions under this Code, comply with the provisions made in the National Building Code of India (amended from time to time), wherever this building Code is silent.

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1. All the Zonal Administrators, HSVP (in the State).

2. All the Estate Officers, HSVP (in the State).

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Please refer to this office letter issued under memo no.

CCF)HSVP)AO)I) 2020/85235)237 dated 16.06.2020 regarding revise e)auction policy. In this regard, the revised e)auction policy issued vide the above letter under reference has been further amended. A copy of the same is sent herewith for information and further necessary action.

This issues with the approval of Hon'ble Chief Minister)cum)Chairman, HSVP.

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Account Officer)I, For Chief Administrator, HSVP, Panchkula"

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"BROCHURE CONTAINING DETAILED TERMS AND CONDITIONS FOR E)AUCTION OF RESIDENTIAL/ INSTITUTIONAL/ COMMERCIAL PROPERTIES/ BUILDINGS/SITES"

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) "HARYANA SHEHRI VIKAS PRADHIKARAN BROCHURE CONTAINING DETAILED TERMS AND CONDITIONS FOR E)AUCTION OF RESIDENTIAL/INSTITUTIONAL/COMMERCIAL PROPERTIES/BUILDINGS/SITES "On as is where is basis"

IN ESTATE OFFICE HSVP ............

Event No.

Start of e)auction $>

$3 CCCCC and will continue till the bids are received for a particular site.

Close of e)auction No new round for e)auction will start after 6.00 PM.

Registration and E) service charges The intending bidder has to register for each group of properties located in same Urban Estate or in different Urban

Estates in which he/she is interested to participate in order to generate user)id and password for e)auction. However, based on selection of the properties, the bidder has to deposit non refundable e) service charges of Rs. 1000/) (One thousand only) for each property group separately. The registration fee is to be deposited online http://hsvphry.org.in on or before the schedule date and time.

Online Payment of Earnest Money Deposit (EMD) All the intending bidders are required to deposit earnest money equivalent to 05% (Five percent) of the base price for the property (for which he/she is intending to participate) through Debit Card/NEFT/RTGS/Net Banking/by generating Challan for e)auction. In case the bidder intends to bid for more than one property in the same group or different properties in the different groups then separate EMD (05%) of base price shall be required to be deposited. The e) payment of EMD shall be made in the stipulated time period specified under clause 'C' relating to "HOW TO PARTICIPATE" of this brochure.

Head Office Plot No. C)3, Sector 6, Panchkula.

Field Office Estate Officer, HSVP concerned 3.

Link for E)Auction Portal Link for E)auction is available on HSVP website =55 4.

Helpline No.

18001803030 5.

E mail eauctionhsvp@gmail.com 6.

Help Desk Technical support assistance during e) auction will be available on telephone number (to be provided by the bank).

Help Desk Timing Monday to Saturday (9.00 AM to 6.00 PM) on working days only at HSVP Helpline No.

18001803030.

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DEFINITIONS :) 1.

@ : The base price of a property put to auction shall be the current Collector rate of that area of that financial year fixed by District Collector for that particular property including the factor of FAR. Bids for e)auction shall start from the base price. However, the base price is not necessarily the reserve price of a property.

$ :) CA means Chief Administrator of Haryana Shehri Vikas Pradhikaran.

.32 :) EMD means Earnest Money Deposit in respect of the property for which intending bidder wants to bid.

4$D :) FAQ means Frequently Asked Questions on E)Auction Portal.

+%0 :) HSVP means Haryana Shehri Vikas Pradhikaran.

?6/ :..:LOI means Letter of Intent which is issued to the successful bidder on making the payment of 10% of the bid amount.

E :) Pradhikaran means Haryana Shehri Vikas Pradhikaran.

= The reserve price shall be decided by the Committee constituted for the purpose. The reserve price shall remain confidential and shall be used for evaluating the highest bid (for accepting or rejecting a bid). Provided that in case a property is not disposed of in two consecutive e)auctions for the reason that the highest bid (H)1) is below the reserve price, then the reserve price of the said property shall be reduced by 05% and if in the subsequent auctions, the site/plot is not sold, the reserve price will further be reduced by 05% for each failed auction subject to condition that reserve price shall not be reduced below 20% of ·the originally fixed reserve price.

8 (a) %

@= ) Successful bidder shall be the bidder whose bid has been accepted by the competent authority/the respective committee empowered to take decision.

8 (b) + @= )Highest bidder shall be the one who has given the highest bid either above reserve price or below reserve price.

8 (c) 2: ) Days means the working day not declared a holiday under the provisions of Negotiable Instrument Act, 1881. However, for the purpose of decision making by HSVP or the Government it shall be working days in the Govt. of

Haryana.

8 (d) $ : ) Competent Authority means the Authority competent to accept or reject the bid, including the Chief Administrator, HSVP and the Committees constituted by the Pradhikaran /Government for the purposes of decision making from time to time. xxx xxx xxx 30.

After acceptance of the bid and verification of requisite document, the successful bidder will be issued Letter of Intent (LOI) by the Estate Officer concerned. The LOI will be sent through registered post and through email at the registered address and email id of the successful bidder. All the payment schedule of the bid amount is linked with the date of dispatch of LOI through email. HSVP will not be responsible if LOI is not received by the Successful bidder due to change in his correspondence address or email id. It will be in the interest of such bidder to get his correspondence address or email id, if any, updated from time to time. The allottee will be further required to deposit another 15% of the quoted bid amount within 30 days from the date of dispatch of LOI. In case of failure to deposit the said amount within the above specified period, the LOI shall stand automatically withdrawn without any further notice in this behalf and the 10% amount deposited shall stand forfeited to the HSVP against which successful bidder shall have no claim for damages.

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32.

The payments due to HSVP shall be made either through online payment on HSVP Website gateway or through off line mode (except in case of registration fee and EMD) by generating challan through the HSVP website and depositing the same in the authorized banks.

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On payment of 100% amount of the bid the successful bidder will be issued allotment letter.

6%%.%%/634.

After depositing the 100% amount of the bid, the successful bidder will have to apply for delivery of physical possession of plot/building. After taking the physical possession of the plot/building by the allottee, HSVP will not be responsible for any kind of encroachment and third party

litigation pertaining to the plot/building.

35.

In case the possession of the property is not delivered by the HSVP within 30 days after receipt of the application, HSVP will be liable to pay interest @ 5.5% (or as may be fixed by the Pradhikaran from time to time) on the amount deposited by the successful bidder/allottee till the date of delivery of possession. However, such interest shall be payable for the period calculated after expiry of 30 days as aforesaid and till the date of offer of possession.

36.

If due to stay by the Court or litigation or any other circumstances beyond control i.e. force majeure, HSVP is not able to deliver possession of the property within three months after deposit of full (100%) bid amount, the full amount deposited by successful bidder shall be refunded back. The successful bidder will not have any claim, on this property in question or any other property of the HSVP including allotment of alternative site/plot.

6-%>) >/637.

The conditions for construction of building on the auctioned property shall be governed by the Architectural control or zoning plan of the property prepared in accordance with the Haryana Building Code, 2017 as amended from time to time. The building shall be constructed after getting the building plans sanctioned from the Estate Office concerned, HSVP. The successful bidder/allottee shall not make any alteration/addition to the structure constructed on the property without prior/explicit written permission of the Estate Officer concerned. Any violation of the provisions of Haryana Building Code)2017 and the Architectural control shall attract action as per provisions of HSVP Act)1977.

xxx xxx xxx"

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1. All the Zonal Administrators, HSVP (in the State).

2. All the Estate Officers, HSVP (in the State).

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In reference to this office memo no.

CCF)HSVP)AO)I)2021/87546 dated 20.5.2021, vide which the e)auction policy for sale of residential, commercial and institutional properties was issued.

The above policy has been further modified in respect of independent commercial properties which are governed by Zoning Plan same is enclosed herewith for information and further necessary action.

This issues with the approval of Hon'ble Chief Minister)cum)Chairman, HSVP.

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Account Officer)I, For Chief Administrator, HSVP, Panchkula Endst. No. CCF)HSVP)AO)I)Acctt)I)2022 dated:

A copy alongwith the copy of the policy is forwarded to the following for information :) 1.

The Chief Engineer)I and II, HSVP.

The Chief Town Planner, HSVP, Panchkula.

The Legal Remembrancer, HSVP, Panchkula.

The Chief Architect, HSVP, Panchkula.

The CITO with the request to upload the policy on the website of the HSVP.

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Account Officer)I, For Chief Administrator, HSVP, Panchkula"

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% "BROCHURE CONTAINING DETAILED TERMS AND CONDITIONS FOR E)AUCTION OF INDEPENDENT COMMERCIAL PROPERTIES/BUILDINGS/SITES WHICH ARE GOVERNED BY ZONING PLAN E.G. COMMERCIAL COMPLEX, SHOPING MALL, MULTIPLEX ETC."

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HARYANA SHEHRI VIKAS PRADHIKARAN BROCHURE CONTAINING DETAILED TERMS AND CONDITIONS FOR E)AUCTION OF INDEPENDENT COMMERCIAL PROPERTIES/BUILDINGS/SITES WHICH ARE GOVERNED BY ZONING PLAN E.G. COMMERCIAL COMPLEX, SHOPING MALL, MULTIPLEX ETC.

"On as is where is basis"

IN ESTATE OFFICE HSVP ............

Event No.

Start of e)auction $>

$3 CCCCC and will continue till the bids are received for a particular site.

Close of e)auction No new round for e)auction will start after 6.00 PM.

Registration and E) service charges The intending bidder has to register for each group of properties located in same Urban Estate or in different Urban Estates in which he/she is interested to participate in order to generate user)id and password for e)auction. However, based on selection of the properties, the bidder has to deposit non refundable e) service charges of Rs. 1000/) (One thousand only) for each property group separately. The registration fee is to be deposited online http://hsvphry.org.in on or before the schedule date and time.

PARTICIPATE" of this brochure.

Head Office Plot No. C)3, Sector 6, Panchkula.

Field Office Estate Officer, HSVP concerned 3.

Link for E)Auction Portal Link for E)auction is available on HSVP website =55 4.

Helpline No.

18001803030 5.

E mail eauctionhsvp@gmail.com 6.

Help Desk Technical support assistance during e) auction will be available on telephone number (to be provided by the bank).

Help Desk Timing Monday to Saturday (9.00 AM to 6.00 PM) on working days only at HSVP Helpline No.

18001803030.

xxx xxx xxx 30.

After acceptance of the bid and verification of requisite documents, the successful bidder will be issued Letter of Intent (LOI) by the Estate Officer concerned. The LOI will be sent through registered post and through email at the registered address and email id of the successful bidder. All the payment schedule of the bid amount is linked with the date of dispatch of LOI through email. HSVP will not be responsible if LOI is not received by the Successful bidder due to change in his correspondence address or email id. It will be in the interest of such bidder to get his correspondence address or email id, if any, updated from time to time. The allottee will be further required to deposit another 15% of the quoted bid amount within 30 days from the date of dispatch of LOI. In case of failure to deposit the said amount within the above specified period, the LOI shall stand automatically withdrawn without any further notice in this behalf and the 10% amount deposited shall stand forfeited to the HSVP against which successful bidder shall have no claim for damages.

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The payments due to HSVP sh all be made either through online payment on HSVP Website gateway or through off line mode (except in case of registration fee and EMD) by generating challan through the HSVP website and depositing the same in the authorized banks. E.

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On payment of the 100% amount of the bid, bidder will be issued allotment letter in case he opt the payment of 75% amount in lumpsum within a period of 120 days from date of issue of LOI. In case, the bidder opt for payment of 75% of the balance amount in 6 half yearly installments, in that case the allotment letter will be issued after receipt of the option and as per the payment of 25% of the bid amount.

6%%.%%/634.(i.) In case bidder opt for 75% payment in lumpsum than after depositing the 100% amount of the bid, the successful bidder will have to apply for delivery of physical possession of plot/building. After taking the physical possession of the plot/building by the allottee, HSVP will not be responsible for any kind of encroachment and third party litigation pertaining to the plot/building.

(ii.) In case bidder opt for 75% payment in installments than after depositing 25% of the bid amount and issue of allotment letter, the successful bidder will have to apply for delivery of physical

possession of plot/building. After taking the physical possession of the plot/building by the allottee, HSVP will not be responsible for any kind of encroachment and third party litigation pertaining to the plot/building.

35.

In case the possession of the property is not delivered by HSVP within 30 days after receipt of the application, HSVP will be liable to pay interest @ 5.5 % (or as may be fixed by the Pradhikaran from time to time) on the amount deposited by the successful bidder/allottee till 'the date of delivery of possession. However such interest shall be payable for the period calculated after expiry of 30 days as aforesaid and till the date of offer of possession.

36.

If due to stay by the Court or litigation or any other circumstances beyond control i.e force majeure, HSVP is not able to deliver possession of the property within three months after deposit of full (100%) bid amount, the full amount deposited by successful bidder shall be refunded back. The successful bidder will not have any claim, on this property in question or any other property of the HSVP including allotment of alternative site/plot.

6-%>) >/637.

xxx xxx xxx xxx"

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# We agree with the view taken by the High Court. Before complying with the terms and conditions provided in the auction)notice the appellant tried to take possession of the property by putting up his board at the site. The appellant could claim possession of the property only after collecting the allotment)cum)demand letter and on deposit of 75% of the balance bid money. Admittedly, the appellant had not deposited the amount and instead started projecting the case as if DDA was not in a position to deliver the possession of the auctioned property to him as DDA had already transferred the possession of the auctioned property to MCD. The appellant could take all these pleas only after performing his part of the obligation under the terms and conditions of the auction)notice.

DDA in its written statement before the High Court had taken a categorical stand that the appellant did not act in consonance with the terms and conditions of the auction)notice. That DDA was in possession of the plot and was always ready to hand over possession of the property provided the appellant complied with the terms and conditions of the auction)notice. We are of the considered view that since the appellant had failed to comply with the terms and conditions of auction, he had no right to claim either the possession or the allotment of the plot in his favour. The plot was sold to him on an "as)is)where)is basis".

the bid. The appellant cannot be heard to say that he did not familiarise himself with the prevalent conditions which existed on the site. Instead of collecting allotment)cum)demand letter and paying the balance amount the appellant tried to enter into possession of the property by erecting its board at the site. The appellant did not have the right to enter into possession of the property before collecting the allotment)cum)demand letter and the payment of the balance amount. Since the appellant failed to comply with the terms and conditions of the auction)notice there was no concluded contract between the parties.

The counsel in the end prayed that in equity and fairness the earnest money deposited by him should be refunded to him. We do not find any merit in this submission. As the transaction fell through by reason of the default or failure of the purchaser, the earnest money could be forfeited as per terms and conditions of the auction)notice. The terms agreed between the parties have to be considered while considering the question of the forfeiture of the earnest money. On facts we find that the appellant tried to play smart to take possession of the property without getting the demand)cum)allotment letter in his favour and the payment of the balance bid money. A person who pleads for equity has to act fairly. Since the appellant did not act fairly, he is not entitled to any sympathetic consideration of his demand for refund of the earnest money. The prayer is rejected." > ?

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# ( We may also refer to another judgment of this Court in UT Chandigarh Admn. v. Amarjeet Singh [(2009) 4 SCC 660 : (2009) 2 SCC (Civ) 273] , in which, after having referred to the judgment of this Court in Shantikunj Investment case [(2006) 4 SCC 109] , this Court held as follows: (Amarjeet Singh case [(2009) 4 SCC 660 : (2009) 2 SCC (Civ) 273] , SCC p. 672, paras 19)20) "19. ... In a public auction of sites, the position is completely different. A person interested can inspect the sites offered and choose the site which he wants to acquire and participate in the auction only in regard to such site. Before bidding in the auction, he knows or is in a position to ascertain, the condition and situation of the site. He knows about the existence or lack of amenities. The auction is on 'as)is)where)is basis'. With such knowledge, he participates in the auction and offers a particular bid. There is no compulsion that he should offer a particular price. ...

20. Where there is a public auction without assuring any specific or particular amenities, and the prospective purchaser/lessee participates in the auction after having an opportunity of examining the site, the bid in the auction is made keeping in view the existing situation, position and condition of the site. If all amenities are available, he would offer a higher amount. If there are no amenities, or if the site suffers from any disadvantages, he would offer a lesser amount, or may not participate in the auction. 6 *

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We are of the view that the judgment in Amarjeet

Singh [(2009) 4 SCC 660 : (2009) 2 SCC (Civ) 273] is a complete answer to the various contentions raised by the respondents. We may reiterate that after having accepted the offer of the

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, as well as that of the allotment letter. On facts also, we have found that there was no inordinate delay on the part of PUDA in providing those facilities."

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