SANDEEP KOHLI Vs. UNION TERRITORY

JUDGEMENT

(1.) In this petition, the petitioners are seeking a writ of certiorari for quashing of orders, dated 04.08.2004 passed by the revisional authority, those dated 06.05.2003 passed by the appellate authority and those dated 14.01.2003 passed by the Estate Officer, Union Territory, Chandigarh, vide which their prayer for surrender of Plot No. 102, Sector-40A, Chandigarh was rejected and such allotment was considered as having been cancelled, resulting in forfeiture of 10% of the premium for the site, ground rent, interest and other dues that became payable up to the date of cancellation, in terms of Rule 12(3) of the Chandigarh Lease Hold of Sites and Buildings Rules 1973 (henceforth to be called "the Rules"). Petitioners have also sought refund of the amount forfeited after treating the plot as having been surrendered. The facts of the case are that, on 10.12.1998, the three petitioners (two of whom are brothers, i.e. petitioners No. 1 and 2), gave a bid for residential site No. 102, Sector 40A, Chandigarh, in an open auction and their bid was accepted at a sum of Rs. 23,80,000/-. 25% of the bid amount was deposited by the petitioners, after which a letter authorizing the petitioners to take possession was given, along with the allotment letter dated 08.02.1999 (Annexure P-1).

(2.) The balance 75% was to be deposited in three annual equated installments, along with the ground rent Each installment was for a sum of Rs. 7,17,766/-. Annual ground rent was Rs. 59, 500/- for the first 33 years of the lease, the auction being for the allotment of the site on Lease Hold Basis for a period of 99 years.

(3.) The first installment became due on 10.12.1999, i.e. one year after the date of auction, with a grace period of one month. Thus payment could be made up to 10.01.2000. Similarly, the last installment could have been paid up to 10.01.2002 and second installment, in between, up to 10.01.2001.