KULDIP BASSI Vs. EXECUTIVE OFFICER, NOTIFIED AREA COMMITTEE

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by the Executive Officer, Notified Area Committee, Mani Majra (U.T.) Chandigarh on 13.8.1992, whereby booth site purchased in open auction was resumed and the amount deposited forfeited.

(2.) THE petitioner was the highest bidder in the auction held on 7.1.1990 for the purchase of booth site No. 789, Motor Market and Commercial Complex, Mani Majra. The petitioner paid a sum of Rs. 76,000/ - towards 25% of the cost of the site. The balance 75% was to be deposited in three annual equated installments. However, the petitioner did not deposit any of the three equated annual installments in spite of numerous show cause notices. Subsequently, an order was passed by the Executive Officer of the Notified Area Committee, resuming booth site No. 789 and forfeited whole amount deposited in exercise of powers conferred under Clause 7 of the letter of allotment. The said relevant clauses from the letter of allotment read as under : -

(3.) IN a short reply filed, the stand is that, vide resolution dated 10.5.1990, the powers of the Committee have been conferred upon the Executive Officer under the Punjab Municipal Act, 1911. It is also mentioned that powers have been delegated to an Executive officer as contained in Schedule I of Punjab Municipal Executive Officers Act, 1931.