JYOTI Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) THE petitioners have approached this Court with a prayer for quashing order dated 25.5.2007 (P-13) passed by the Estate Officer, Union Territory, Chandigarh-respondent No. 3. A further direction has been sought to respondent No. 3 to accept the re-transfer amount as per order dated 22.2.2006 (P-7) passed by the Adviser to the Administrator-respondent No. 1 for re- transfer of Booth No. 168, Sector 24-D, Chandigarh, in favour of the petitioners.

(2.) BRIEF facts of the case which has led to the filing of the instant petition are that the petitioners lost their parents in a road accident on 16.6.2000. The mother of the petitioners was allotted Booth No. 168, Sector 24-D, Chandigarh, on 12.2.1988 on lease hold basis in an open auction on a premium of Rs. 2,30,000/-. On account of non-payment of instalments, the lease of the booth site was cancelled by the Estate Officer vide order dated 24.6.1992, which was challenged before the Appellate Authority, who restored the booth site subject to payment of entire amount by 31.3.1995, vide order dated 21.2.1995. It is claimed that order dated 31.3.1995 was never conveyed as a result the amount could not be deposited within the stipulated period. The revision petition filed by the petitioners mother was dismissed vide order dated 7.7.1999.

(3.) THE petitioners then filed CWP No. 8527 of 2001, which was dismissed as withdrawn with liberty to approach the concerned authorities, vide order dated 10.4.2002 (P-3). On 8.7.2002, the petitioners filed an application before the Estate Officer-respondent No. 3 for re-transfer of the site in question on payment of outstanding amount (P-4). On 24.10.2002, the petitioners were asked to deposit a sum of Rs. 2,94,091/- upto 15.11.2002. The petitioners have claimed that after borrowing money from relatives they deposited Rs. 1,10,000/- and Rs. 1,84,021/- through two separate pay orders, well before 15.11.2002. On 8.1.2003, the Estate Officer-respondent No. 3 while hearing the application for restoration/retransfer, passed an order assessing the retransfer fee of Booth No. 168, Sector 24, Chandigarh, as Rs. 2,94,021/- (P- 5).