SARLA SACHDEVA Vs. THE ESTATE OFFICER AND ORS.

JUDGEMENT

(1.) TO acquire now in 1991, a residential plot in Chandigarh at its 1977 price is what these proceedings under Article 226 of the Constitution of India are all about.

(2.) ON October 29, 1977, at an auction held by the Estate Officer, Chandigarh, the petitioner Sarla Sachdeva obtained allotment of residential site 2340, Sector 23 -C, Chandigarh, measuring 198.33 square yards at a premium of Rs. 34,200/ -. A sum of Rs. 8,550/ - was paid towards 25 per cent of the premium for the site. The balance amount was payable in terms of the allotment letter, (Annexure P/1) in three equal installments along -with interest thereon at the rate of 7 per cent per annum. In addition, a sum of Rs. 855/ - was also payable annually as lease money for the site for the first 33 years. A somewhat larger amount was payable for next two slabs of 33 years.

(3.) ON appeal, the Chief Administrator, Chandigarh set aside the impugned order of the Estate Officer and directed the restoration of the lease of the site to the petitioner subject to the condition that the petitioner pays all the instalments due alongwith interest, forfeiture amount and ground rent within 30 days of his order. This order being of May 17, 1984 (Annexure P/3). It is pertinent to note -that this order was made by the Chief Administrator in view of the specific statement made before him by the petitioner to the effect that she was prepared to pay the entire amount out -standing against her in respect of the lease of the said site. It appears, however; that in pursuance of this order too no further amount was paid. The petitioner instead went up in revision before the Advisor to the Administrator of the Union Territory, Chandigarh, who, by his order of October 25, 1989 (Annexure P/4), dismissed the revision petition.