SANJIV BHAGAT AND ANOTHER Vs. UNION TERRITORY, CHANDIGARH THROUGH ADVISOR TO THE ADMINISTRATOR, U.T, SECRETARIAT, SECTOR 9, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) Respondent No. 1 is the Union Territory, Chandigarh through Adviser to the Administrator. Respondent Nos. 2 and 3 are the Chief Administrator and the Assistant Estate Officer, U.T, Chandigarh. The petitioners seek a writ of certiorari to quash the orders dated 30.05.2007 passed by respondent no. 3; an order dated 23.04.2009 passed by the appellate authority, namely, respondent No. 2 dismissing an appeal against the order dated 30.05.2007 and an order dated 22.10.2012 passed by the revisional authority, namely, the Adviser to the Administrator, U.T, Chandigarh dismissing the revision application against the order dated 23.04.2009.

(2.) The petitioners' bid at an auction held on 11.12.1998 was accepted by the respondents who pursuant thereto issued a Letter of Allotment (LoA) dated 08.02.1999. The petitioners were granted a lease in respect of a commercial site for 99 years at a premium of Rs. 1.85 crores and annual rent. Rs. 46.25 lacs was paid as on the date of the LoA. Clauses 3, 5, 8, 8-A, 29 and 30 thereof read as under:-

(3.) The petitioners admittedly did pay the instalments as per the schedule stipulated in the LoA. That as on date the petitioners have paid almost the entire premium is a different matter.