HARI PAL Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The principal question that arises for consideration in this case is whether the petitioners can take the benefit of Rule 21-B of the Chandigarh Leasehold Sites and Building Rules, 1973 and seek reallotment of their resumed site, notwithstanding the decision of Hon'ble Supreme Court in Babu Singh Bains v. Union of India & Ors., 1996 6 SCC 565 or that of the Full Bench of this Court in Dheera Singh v. UT Chandigarh Admn. & Ors., 2012 4 RCR(Civ) 970 With a view to appreciate the controversy in its right perspective, it may be mentioned that the petitioners were allotted SCO site No. 218, Sector 37 C&D, Chandigarh on 29.10.1981 through an open auction on 99-year leasehold basis. The allotment letter was issued on 17.12.1981 (Annexure P1). The petitioners deposited 25% of the premium but admittedly failed to deposit the instalments towards 75% of the balance allotment price.

(2.) The Estate Officer, UT Chandigarh, consequently served the petitioners with a show cause notice under Rule 12(3) of the Chandigarh Leasehold Sites and Building Rule, 1973 (in short, 'the 1973 Rules') and gave them opportunities of being heard on 21.03.1983, 07.04.1983 and 03.05.1983 so as to enable them to deposit the balance instalments. Since the petitioners failed to do so, the subject-allotment was cancelled and 10% of the premium was forfeited vide order dated 20.07.1983 (Annexure P2).

(3.) The statutory appeal preferred by the petitioners was conditionally allowed by the Chief Administrator, Chandigarh vide order dated 11.06.1985 (Annexure P3) subject to the condition that they shall "make payment of all the three instalments of premium, interest thereon and the amount of forfeiture of premium within a period of three months reckonable from the date of issue of this order".