JAGAN NATH SETH Vs. UNION TERRITORY

JUDGEMENT

(1.) This order will dispose of two appeals (L.P. As. 601 and 615 of 1971) under Clause 10 of the Letters Patent which are directed against the judgment of the learned Single Judge dismissing Civil Writs Nos; 686 and 808 of 1970. L.P.A. 601 has been filed by Messrs Jagan Nath Seth and Krishan Lal Kapur whereas L.P.A. 615 has been filed by Mr. K.C. Nayar. All the three are Advocates and hereinafter will be referred to as the appellants. The facts giving rise to these appeals may briefly be stated as follows :-

(2.) When the High Court shifted from Simla to Chandigarh the appellants were allotted Government accommodation in Sector 19 by the Government on concessional rent referred to as the standard rent. The period of this allotment was up to the 31st March, 1960, as is clear from Annexure R-1 (Reference to Annexures will be made from L.P.A. 601 of 1971). By this letter the appellants were informed that they should make their own arrangements well in time and vacate the houses. Subsequently, the standard rent was raised to Rs. 179. On a protest by the appellants, the Accounts Officer (Rent), Chandigarh Administration, Chandigarh, wrote to Mr. Jagan Nath Seth that since the residence at a monthly rent of Rs. 179 was not acceptable to him, action was being taken to cancel the allotment and that he may make his alternative arrangements. Similar, letters were sent to the other two appellants. It appears that later the three appellants agreed to pay the economic rent as proposed by the Accounts Officer and so no order to cancellation of the allotment was passed. Though, to begin with, the learned counsel for the Chandigarh Administration stated that the allotment was cancelled, yet after verifying from the record, he could not produce any document in support of his contention. It is also obvious that the appellants having agreed to pay the economic rent, the question of the allotment in their favour being cancelled did not, in fact, arise.

(3.) The appellants continued to pay the economic rent till the 13th October, 1969, when the Accounts Officer sent a letter to Mr. Jagan Nath Seth informing him that the Government has decided to charge market rent of the accommodation occupied by him with effect from the Ist January, 1969, and that the market rent was fixed at Rs. 305 per mensem and, consequently, a demand for payment of Rs. 1,797.00 was made. This demand consisted of Rs. 1134 being the difference of market rent and the rent fixed under Rule F.R. 45 B from Ist January, 1969, to 30th September, 1969 at the rate of Rs. 126 per mensem, Rs. 305 being the for October, 1969, and Rs. 358 being arrears. Similar letters were rent sent to the other two except that in case of Mr. K.C. Nayar the market fixed was Rs. 280 per mensem.