RAM CHAND Vs. CHANDIGARH ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) In an open auction held on 25.06.2001, the petitioner was allotted Booth No. 177, Motor Market, Sector 38 (West), Chandigarh, vide allotment letter dated 07.03.2003, on lease hold basis for a period of 99 years, at a premium of Rs. 2,84,430.00. Accordingly, the petitioner deposited 25% of the premium amount, i.e. Rs. 71,108.00, but defaulted in making payment of instalments of the remaining 75% amount. Consequently, he was served with a notice dated 29.11.2007, by the Estate Officer, Union Territory, Chandigarh (respondent No.4 herein), to pay the due amount of instalments, ground rent and interest for the defaulted period. Still the petitioner did not make any payment. Hence, vide order dated 07.04.2009, respondent No.4 imposed penalty upon him at the rate of 10% on due instalments and 100% on due amount of ground rent. The petitioner still turned a deaf ear to this order. Hence, finding no option, vide order dated 23.09.2009 (Annexure P-1) respondent No.4 cancelled lease of the aforesaid booth in favour of the petitioner. He filed appeal against the said order of respondent No.4 before respondent No.3, which was accepted vide order dated 02.03.2010 (Annexure P-2), whereby while setting aside the aforesaid order dated 23.09.2009 passed by respondent No.4, the petitioner was directed to deposit the due amount of instalments, ground rent and interest thereon within a period of two months from the date of the order. The petitioner did not comply with the said order too and preferred a revision petition, which was dismissed by respondent No.2 vide order dated 29.02.2012 (Annexure P-3). The petition preferred by the petitioner seeking review of the aforesaid order of respondent No.2 was also dismissed vide order dated 18.10.2012 (Annexure P-4). Thereafter, in a proceeding under Sec. 5 (i) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the Act'), vide order dated 17.06.2013 (Annexure P-5) passed by respondent No.5, eviction of the petitioner was ordered with a direction to him to vacate the said booth. His appeal against the said eviction order was dismissed for want of his appearance by respondent No.6 vide order dated 17.02.2016 (Annexure P-6). Finally, warrant of possession of the aforesaid booth No. 177 was issued against the petitioner on 18.04.2016, and after taking possession, the aforesaid booth was sealed.

(2.) Hence, by way of the present writ petition under Articles 226/227 of the Constitution of India, the petitioner has sought issuance of a writ in the nature of certiorari for quashing the orders dated 23.09.2009, 02.03.2010, 29.02.2012, 18.10.2012, 17.06.2013 and 17.02.2016 (Annexures P-1 to P-6) rendered by the respondents cancelling the allotment of booth No. 177, Motor Market, Sector 38 (West), Chandigarh, and passing eviction order against him. Further issuance of a writ in the nature of mandamus directing the respondents to restore the allotment of the aforesaid booth to the petitioner has also been sought, on the ground that now he is ready and willing to make payment of the entire dues, which may be approximately Rs. 10 lacs , and to show his bona fide, he has already prepared a demand draft dated 13.07.2016 (Annexure P-7) in the sum of Rs. 7 lacs in favour of the Estate Officer, Union Territory, Chandigarh.

(3.) Learned counsel for the petitioner contended that after allotment of booth No. 177, the petitioner deposited Rs. 71,108.00, being 25% of the premium amount of Rs. 2,84,430.00, within the permissible time of 30 days of the offer of allotment. The balance 75% of the premium amount was to be paid in three annual equated instalments of Rs. 85,780.00 each, including interest, falling due on 07.03.2003, 07.03.2004 and 07.03.2005, which he could not pay being a poor person earning his livelihood through his labour at the said booth, and because of financial constraints on account of :