ROSHAN LAL Vs. UNION TERRITORY AND ANR.

JUDGEMENT

(1.) THE petitioner is aggrieved by order dated 14.7.2006 (Annexure P -10) passed by the Assistant Estate Officer exercising the powers of Estate Officer, U.T. Chandigarh -respondent No. 2, declining his request for acceptance of a sum of Rs. 15,780/ - as 15% of the premium of Built -up Booth No. 15, Sector 43, Chandigarh, which was allotted to him under the Allotment/Transfer of Built -up Booths on Lease Hold Basis in Chandigarh, Scheme 1993 (for brevity, 'the 1993 Scheme'). The petitioner has also challenged order dated 9.5.2007 (Annexure P -12) passed by the Appellate Authority -Chief Administrator, U.T. Chandigarh -respondent No. 1, rejecting his appeal filed under Clause 28(1) of the 1993 Scheme.

(2.) BRIEF facts of the case are that the petitioner was running a Karyana Shop in village Attawa, U.T., Chandigarh. The land where the shop of the petitioner was situated, was acquired by the Chandigarh Administration for development of Sectors 42 -B and 43 -A, Chandigarh in the year 1978. With a view to rehabilitate the displaced persons, the Chandigarh Administration floated the 1993 Scheme and decided to allot built up booths to the eligible persons. The petitioner being the uprooted shop -keeper of Attawa applied for allotment of built up booth under the 1993 Scheme and deposited a sum of Rs. 10,520/ - being 10% of the premium amount on 24.6.2002 (P -1).

(3.) ON 20.9.2004, respondent No. 2 issued a show cause notice granting an opportunity of hearing to the petitioner to show cause as to why the allotment of Booth No. 15, Sector 43A, Chandigarh be not cancelled on account of his failure to deposit 25% of the premium amount within stipulated period (P -4). Thereafter, on 14.10.2004 the petitioner got prepared a Draft No. 026518, for a sum of Rs. 15,800/ - from the Chandigarh State Co -operative Bank Limited, Maloya (P -5) and deposited the same on 15.10.2004 in the office of the Estate Officer, Chandigarh, against Computerised Receipt No. 422509, dated 15.10.2004 (P -6). On 12.1.2005, a communication was sent by the office of the Estate Officer, U.T. Chandigarh to the petitioner asking him to resubmit the draft dated 14.10.2004 after revalidation (P -7). On 9.1.2006; another letter was issued to the petitioner mentioning that the Demand Draft dated 14.10.2004 was not traceable nor the same was credited in his account. He was asked to obtain duplicate demand draft from the concerned bank and submit the same for further action in the matter (P -8). The bank after revalidation issued a fresh draft bearing No. 026755, dated 11.1.2006, which was deposited by the petitioner on 17.1.2006.