BHAJAN SINGH Vs. ADVISOR TO THE ADMINISTRATOR

JUDGEMENT

(1.) THE petitioner in this case had been allotted residential site No. 512, Sector 32 -A, Chandigarh in the year 1998 vide allotment letter (Annexure P -1). The petitioner had deposited 25% of the total amount i.e. Rs. 5,02,500/ - out of total amount of Rs. 20,10,000/ -. The petitioner failed to pay the amount of instalments on the due dates. A show cause notice under Rule 12 (3) of the Chandigarh Lease Hold of Sites and Building Rules, 1973 (for short 'the Rules') was issued. A number of opportunities of being heard were given to the petitioner. Despite opportunities, the petitioner did not pay the outstanding dues and ultimately vide order dated 18.08.1999 the lease of the site in question was cancelled. An appeal was preferred by the petitioner against the said order in the year 2005.

(2.) THE said appeal was dismissed vide order dated 19.10.2005. The petitioner challenged the same by filing a revision petition under Rule 22 (4) of the Rules. The revisional authority vide order dated 09.08.2006 set aside the above said orders and restored the site subject to the condition that the petitioner would clear the entire outstanding dues within one month failing which the order of the Estate Officer would become operative. An amount of Rs. 18 lakhs had been deposited by the petitioner before the revisional authority by way of demand drafts. An amount of Rs. 53,44,414/ - was due from the petitioner up to 31.08.2006 as per the intimation annexed as Annexure P -5 with the writ petition.

(3.) IT is contended by the learned counsel for the petitioner that sufficient funds could not be arranged by him due to losses in his business and personal health problems, the details of which are in any case conspicuous by their absence even in the present writ petition. It is further submitted on behalf of the petitioner that he is ready and willing to make the payment of entire outstanding amount including the ground rent, interest and penalties etc. which may have accrued till date.