LAWS(P&H)-2001-1-2

BHUPINDER SINGH Vs. UNION OF TERRITORY CHANDIGARH

Decided On January 04, 2001
BHUPINDER SINGH Appellant
V/S
UNION OF TERRITORY, CHANDIGARH Respondents

JUDGEMENT

(1.) On November 19, 1997, the petitioner purchased the lease hold rights in Plot No. 411, Sector 30-A, Chandigarh at a premium of Rs. 27,50,000/-. He had paid 25% of the total amount within 30 days. A letter of allotment was issued to him on March 20, 1998. It was inter alia provided that the petitioner shall pay the remaining 75% in three annual equated instalments alongwith interest. The petitioner was also required to pay a ground rent of Rs. 68,750/- per annum. Despite the lapse of more than three years, the respondents have not delivered the actual physical possession of the site to the petitioner because a peepal tree was standing at the site. The second impediment were the high tension wires going over the plot. Irrespective of the admitted position, proceedings for resumption of the site and forfeiture of the amount already paid by the petitioner were initiated. The petitioner prays that the respondents be restrained from recovering the instalments of the premium and charging interest as well as ground rent till the date they hand over the actual physical possession to him.

(2.) A written statement has been filed on behalf of the respondents. The factual position has not been disputed. It is admitted that the peepal tree was removed on April, 25,2000. Thereafter, the high tension wires were removed on May 4, 2000. In view of this position, it has been admitted in the written statement that the ground rent and the interest on instalment would not be payable by the allottee upto 4-5-2000 whereas the instalments are to be paid by the allottee as stipulated in the letter of allotment".

(3.) Counsel for the parties have been heard.