KHUSHI RAM Vs. UNION TERRITORY

JUDGEMENT

(1.) Residential site No. 406-P, Sector 46A, Chandigarh was jointly allotted to the petitioner and Meena Rani on Lease Hold Basis on 30.3.1989 for a premium of Rs. 8,25,000/-. On 8.8.1991, the Assistant Estate Officer 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 the allottees to deposit the amount of second instalment together with interest and penalty amounting to Rs. 20,000/- within period of 3 months i.e., by 11.11.1991. Due to the failure of the lessees to deposit the required amount, proceedings for cancellation of the site were initiated under the 1973 Rules. By an order dated 18.11.1992, the Assistant Estate Officer, exercising the powers of the Estate Officer, Union Territory, Chandigarh cancelled the lease and forfeited 10% of the premium plus ground rent and interest. The appeal filed by the petitioner under Section 10 of the Capital of Punjab (Development and Regulation) Act, 1952 was disposed of by the Chief Administrator on 31.1.1994 on the basis of an agreement arrived at between the parties in the Lok Adalat. The operative portion of the order passed by the appellant authority reads as under:-

(2.) On 24.2.1994, the petitioner and his co-allottee tendered Rs.3,50,000/- towards the amount due. They also submitted application Annexure P.7 before the Estate Officer to let them know the amount of interest. However, the latter did not accept the amount deposited the allottees and returned the same along with letter Annexure P-8 dated 28.3.1994.

(3.) It appears that in the meantime, the allottee filed revision petition under Rule 22(4) of 1973 Rules. The same was disposed of by the Adviser to the Administrator, Union Territory, Chandigarh on 29.6.1994. The relevant portion of that order reads as under:-