ESTATE OFFICER Vs. MUNI LAL

JUDGEMENT

(1.) This judgment will dispose of C.M. No. 2759 of 1975, in L.P.A. No. 500 of 1975, C.M. No. 2760 of 1975, in L.P.A. No. 504 of 1975, and L.P.A. Nos. 500 and 504 of 1975. The facts and law points involved in both these Letters Patent Appeals and the miscellaneous applications referred to above, are common, therefore, the same are being disposed by a common judgment.

(2.) On the outskirts of Chandigarh towards Ludhiana side, there was a regular market known as Bajwara. The said market was in existence before Chandigarh was conceived and thus the said market was not within the planning of Chandigarh. In 1959, the Government framed a Scheme known as the Liquidation of Bajwara (Allotment of sites and built up booths to Bajwara/Nagla lessees), with a view to liquidate the Bajwara Market so as to include the area in the general planning of Chandigarh City. In the said Scheme, the Government decided to allot the commercial sites (for cheap booths, booths and shop-cum-flats) to the regular lessees of Bajwara and Nagla, at the rate of 75 per cent of the highest price obtained in the last auctions. The regular lessees were asked to submit applications for allotment of alternative sites. It may be pointed out that the said Scheme provided for the allotment of Booths, Cheap Booths and Shop-cum-flats in various other sectors named in the Scheme to the regular lessees of Bajwara. The applicants were required to remit 10 per cent of the earnest money alongwith the applications. The lessees, who had already purchased sites in their own names or in the names of the members of their family in Chandigarh and lessees, who had purchased commercial sites in their own names or in the names of members of their family by allotment or by public auction and later transferred the properties or surrendered them to Government, were not entitled to get any alternative allotment under the Scheme.

(3.) Muni Lal (respondent No. 1) in L.P.A. No. 500 of 1975, and Multani Shah (respondent No. 1) in L.P.A. No. 504 of 1975, submitted applications for allotment of alternative Chakki sites. It may be pointed out that both these respondents were regular lessees of Chakki sites at Bajwara. They remitted a sum of Rs. 800/- and Rs. 900/- respective alongwith the said applications. In these applications they made a declaration that they had not purchased any site in Chandigarh in their names. Both the respondents were admittedly not covered under the provisions of the Scheme, as there was no provision in the Scheme for the allotment of Chakki sites. There was no provision in the Scheme for allotment of alternative sites in Sectors 7, 18, 24 and 30 in which sectors the above mentioned respondents were later on offered alternative sites. Moreover, both these respondents were found to have already purchased sites in Chandigarh and, therefore, also they were not entitled to any alternative allotment, in accordance with the provisions of the Scheme. Accordingly, the prayer of these respondents for alternative allotments was rejected by the State Government. Both the respondents then represented to the State Government that as a special case, they should be given an alternative allotment before they are dispossessed from the Chakki sites at Bajwara, where they were actually running the Chakkis. The representation of Muni Lal respondent was accepted by the State Goverment vide U.O. No. C-97-893-60/IX dated February 23, 1900, as is clear from the report dated the March 17, 1974, from the Secretary to Government, Punjab, Vigilance Department, to the Secretary to Government Punjab Capital Project Department. Copies of this report have been placed on the record along with application No. 2759 of 1975 in L.P.A. No. 500 of 1975, and C.M. No. 2760 of 1975 in L.P.A. No. 504 of 1975. Similarly, the representation of Multani Shah was accepted by the State Government and decision conveyed to the Estate Officer vide U.O. No. C-1717-60 dated March 29, 1960 and C-116-61-1 dated January 23, 1961. The State Government also decided that Chakki sites be allotted to Muni Lal and Multani Shah in Sectors 18 and 7-C at the cost of Rs. 45,686/- and Rs. 52,071/- respectively, subject to the conditions that no concessions were previously given to them or to their family members at the time of allotment of commercial sites. Consequently, the amount already sent by these respondents alongwith their applications was acknowledged as part-payment towards the payment of the prices of the sites vide letter dated March 27, 1961, copy of which is Annexure 'A-I' with L.P.A. No. 500 of 1975. The Estate Officer, Capital Project, Chandigarh, wrote to Muni Lal respondent, that it had been decided by the Government to sell Chakki sites in Sector 18 at the price of Rs. 45,686/- as a very special case. The payment of sum of Rs. 800/- on account of part payment of the earnest money was acknowledged. Muni Lal was requested to remit a sum of Rs. 10,621/-, to complete 25% of the price of the said site so that the allotment could be made in his favour. In this communication, he was required to make the payment within 30 days of the issue of the letter, failing which it was to be assumed that he was not interested in the allotment of Chakki site and thus the lease of site in Bajwara was to be cancelled and that he was to be evicted from the premises in Bajwara and deprived of the alternative allotment. Similar offer was made to Multani Shah respondent in L.P.A. No. 504 of 1975. Both the respondents accepted the allotment but represented that the price fixed was very high. They further represented that originally the Estate Officer had agreed to sell them Chakki sites at Rs. 6,000/- and Rs. 9,000/-, respectively. However, the Estate Officer intimated the Secretary, Capital Project Department, that no such commitment was made to any of the two respondents. The Secretary, Capital Project Department, vide his letter dated November 28, 1961, intimated the Estate Officer that since Sarvshri Muni Lal and Multani Shah had deposited the earnest money of Rs. 800/- and Rs. 900/- on 12th and 11th of August, 1959 respectively, it appeared more advisable to charge the prices of new sites which might be calculated on the basis of the prices fetched for Chakki sites in the auction held immediately preceding the dates on which the payment were made by them. The Estate Officer was further directed to calculate the prices as suggested for Chakki sites in Sectors 18 and 7 at concessional rates according to Bajwara Liquidation Scheme.