CHANDIGARH ADMINISTRATION Vs. JAGJIT SINGH

JUDGEMENT

(1.) S.L.P. (C) 11609 of 1994 :

(2.) This appeal is preferred against the judgment of the Punjab and Haryana High Court allowing the writ petition filed by the respondents, Jagjit Singh and Jaswant Singh. The facts leading to the filing of the writ petition are not in dispute and may be stated. Indeed, they speak for themselves.

(3.) An auction was held by the Chandigarh Administration on September 29, 1975 wherein the respondents were the highest bidders in respect of a plot admeasuring 338 sq. yards, in Sector 31A. Chandigarh for a sum of Rs. 34,500/- The right sold in auction was the lease-hold for ninety nine years. An allotment letter was issued on November 27,1975. The respondents deposited 25% of the money immediately. The balance consideration was payable in three equal instalments, the first of which due on September 27, 1976. The respondents defaulted in paying the same whereupon the Estate Officer issued a notice to show cause as to why the lease in their favour be not cancelled. After giving due opportunity to the respondents, the lease was cancelled, at the same time forfeiting a sum of Rs. 3,450/- representing 10% of the premium. The respondents preferred an appeal to the Chief Administrator against the said action which was dismissed on May 2, 1978. The Chief Administrator, however, reduced the amount of forfeiture from 10% to 21/2%. A revision preferred against the Chief Administrator's' order was dismissed by the Chief Commissioner on January 1, 1979. The respondents then applied to the Estate Officer for refund of the amount paid by them. After deducting the amount forfeited, the amount deposited by them was refunded in full on April 25, 1979.