CHANDIGARH ADMINISTRATION Vs. HARI RAM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the order dated 26.07.2012 passed by the High Court of Punjab and Haryana in CWP No.19200 of 2008 in and by which the High Court has set aside the order of eviction passed against the appellant and directing the amount of Rs.40,000/- deposited by him be returned to the respondent so as to enable him to use the amount in paying the outstanding dues of lease of the commercial booth allotted to the respondent.

(3.) Respondent-Hari Ram was allotted a booth No.254, Sector-20D, Chandigarh by the appellant-Chandigarh Administration for a total premium of Rs.70,500/- on lease basis for a period of ninety-nine years on 26.12.1996. The respondent made initial payment and possession was handed over to him accordingly. The respondent has not paid the first, second and third installments and ground rent which fell due on 25.12.1997, 25.12.1998 and 25.12.1999. On 21.06.2006, the lease granted in favour of the respondent was cancelled as there was breach of conditions of the lease as respondent failed to deposit three installments and also the ground rent. Being aggrieved by the cancellation of allotment, the respondent preferred appeal before the Chief Administrator, Chandigarh. In the meanwhile, the eviction order was passed against the respondent on 09.02.2007 under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 as applicable to the Union Territory of Chandigarh.