BATRA FINANCE PRIVATE LIMITED Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Notice of motion was issued in this case on 3.5.1994 on the basis of the contention of the learned counsel for the petitioner mainly on the ground that the respondents were charging interest on interest as well as on penalty. Notice of motion was issued by the Bench mainly on this point obviously because the Estate Officer, Union Territory, Chandigarh and later on the appellate as well as Revisional Authority after going through the records of the Department and after considering the arguments and the evidence produced by the petitioner found it as a fact that all the requisite amenities were provided to the plot holder at the time of transfer of the site and the imposition of 100% penalty on account of nonpayment of rent was valid and was independent of the amenities provided at the time of transfer of the site.

(2.) Now at the time of arguments, the learned counsel for the petitioner has tried to faintly argue that as the site was developed by the Chandigarh Administration in the first week of July, 1980 and the resumption order of the site passed by the Estate Officer on 19.12.1979 was set aside by the Chief Administrator on 24.12.1981, the Chandigarh Administration was not entitled to the ground rent atleast from the years 1977 to 1980 though, ultimately the learned counsel laid the main emphasis on his contention that the imposition of 100% penalty the maximum provided under the law is illegal and was on a higher side. The contention of the learned counsel that the respondents were charging interest on interest and on penalty on the basis of which notice of motion was issued by the Bench, has not even been referred to by the learned counsel at the time of arguments.

(3.) Even the order of the Estate Officer dated 22.9.1992 vide which 100% penalty was imposed on the petitioner is neither attached with the petition nor any prayer has been made to quash the same. Only the appellate order of the Chief Administrator dated 5.5.1993 and the order dated 16.6.1993 by which the revision petition of the petitioner was dismissed by the Advisor to the Administrator, Union Territory, Chandigarh are attached as annexures P -8 and P -9 respectively with the petition and a prayer has been made to quash these orders only.