PRITPAUL SINGH Vs. ESTATE OFFICER CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) In this petition filed on 7.3.1996, the petitioner has preyed for quashing the order dated 10.4.1991 passed by the Estate Officer. Union Territory, Chandigarh cancelling the lease of site No. 439-P Sector 46-A, Chandigarh.

(2.) The facts necessary for deciding the issue raised in the petitioner are that on the basis of the highest bid of Rs. 18,90,000/- given by him in the auction held by the Chandigarh Administration on 23.2.1990 for residential sites, the disputed plot was allotted to the petitioner on lease hold basis subject to the terms and conditions specified in the letter of allotment dated 3.5.1990. Clauses 2, 3, 4, 5, 8, 9 and 10 of the letter of allotment read as under :-

(3.) It appears that after having made up his mind to give bid for grant of lease of residential plot, the petitioner had executed a general power of attorney in favour of his real brother Shri Devender Singh and it is the said general power of attorney holder who deposited balance of the premium so as to comply with the requirement of clause 4 of the letter of allotment. However, instead of paying the first instalment which became due on 24.2.1991 and which could be paid latest upto 10.3.191 in accordance with clause 5 read with clause 8 of the letter of allotment, the petitioner's general power of attorney holder-Shri Devender Singh submitted an application dated 2.4.1991 expressing his desire to surrender the plot. The Estate Officer did not accept his request but issued notice under Rule 12(3) of the Chandigarh Lease Hold of Sites, and Building Rules, 1973 (hereinafter referred to as 'the 1973 Rules') requiring Shri Devender Singh to show cause why lease of the site be not cancelled and the whole/part of the premium and ground rent be not forfeited. Shri Devender Singh appeared before the Estate Officer and showed his inability to retain the site. Upon this, the Estate Officer passed the impugned order for cancellation of the lease of the site and forfeiture of 1% of the total premium plus interest and ground rent.