ADVISER TO THE ADMINISTRATOR Vs. B K NANDA

JUDGEMENT

(1.) Where the allottee was a purchaser of a the rate of 7% in three equal annual installments apart from the fact that the allottee was to pay ground rent as well. The allottee failed to pay even the first installment for which a show cause notice dated 06.09.1990 (Annex-ure P-2) was issued. In pursuance of such notice, the allottee made a request on

(2.) 09.04.1991 was served upon him to show cause as to why the lease of the site may not be cancelled. Reply to the said notice was submitted by Mr. S. K. Nanda, IAS, as General Power of Attorney of the allottee on 23.04.1991 requesting for extension of one year's time to make the payment. However, the Assistant Estate Officer exercising the powers of the Estate Officer passed an order on 11.07.1991 (Annexure P-7) for cancellation of lease and forfeiture of 10% of the premium amount. The appeal against the said order was accepted by the learned Chief Administrator on 04.05.1992 subject to the condition that the outstanding amount be paid within six months from the date of dispatch of the order. It was on 18.11.1992, the allottee made a request for re-scheduling of the payment of second and third installment for the reason that he has limited source of income from agriculture. The allottee also sought six months time to make payments of second and third installments. The said request was treated as a revision by the learned Adviser. The Adviser accepted the prayer for re-scheduling and permitted the allottee to deposit the entire outstanding amount in two monthly installments. The operative part of the order dated 25.11.1992 reads as under:

(3.) An application was moved by the allottee on 26.03.1993 for revision/modification of the order dated 25.11.1992 that he be granted three months time to pay the outstanding dues. Another application was filed to bring additional facts on record on 04.06.1993. The said applications were declined by the then Adviser on 07.07.1993 with the following observation: