NARESH GARG Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order of cancellation of lease of SCO site No. 309, Sector 38 C&D, Chandigarh on account of non -payment of dues after deposit of 25% of the premium. SCO No. 309, Sector 38 C&D, was purchased by Smt. Rajpinder Kaur in an open auction held on 11.12.1998 and after deposit of 25% of the premium i.e. Rs. 7,92,500/ - (total premium 31,70,000/ -), the allotment letter was issued on 02.02.1999. The lessee had failed to deposit the balance 75% of the premium in three equated annual instalments. After affording sufficient opportunities for deposit of the said amount and on being heard, the site was ultimately cancelled as a last resort, vide order dated 02.04.2003.

(2.) THE original allottee Smt. Rajpinder Kaur had executed General Power of Attorney (GPA) in favour of Manjit Singh, which is stated to have been revoked. Another GPA was executed in favour of one Surjit Singh, who further executed sub Power of Attorney to one Mohinder Singh. The said Mohinder Singh is stated to have transferred 50% of his "share" to petitioner No. 1 on 22.11.2005 and 30% of his share transferred to petitioner No. 2 on 12.05.2006 by way of an agreement to sell. Another GPA is stated to have been executed by Mohinder Singh in favour of Harminder Singh Gulati and his wife Gurcharan Kaur. The SCO No. 309, Sector 38 C & D remained a bone of contention and matter of litigation between the said persons and it is averred that ultimately the matter has been compromised with Smt. Rajpinder Kaur withdrawing all the litigation on 18.08.2008 (Annexure P -29) and she executed a General Power of Attorney in favour of the petitioners.

(3.) IT is apparent that the original allottee is nowhere in the picture and the property has been subjected to multiple sales on the basis of various Power of Attorneys, mostly executed after cancellation of the lease. This writ petition has been filed by Naresh Garg and Nirmala Devi claiming to be owners of the property on the basis of General Power of Attorney.