NARAIN DASS MAHEN Vs. UNION TERRITORY

JUDGEMENT

(1.) This is a petition for quashing of the orders dated 24.8.1987, 11.10.1988 and 4.9.1991 passed by the Assistant Estate Officer (exercising the powers of the Estate Officer), the Chief Administrator and the Adviser to the Administrator, Union Territory, Chandigarh under the Capital of Punjab (Development and Regulation) Act, 1952 (for short the Act) read with the Chandigarh Lease Hold of Sites and Building Rules, 1973 (hereinafter described as 'the 1973 Rules').

(2.) The Facts:

(3.) The allottees filed appeal under Rule 22 of the 1973 Rules against the order of resumption. During the pendency of the appeal, the allottees paid Rs. 14,30,000/- as against the total amount of Rs. 15,12,584.50 due towards the first and second instalments of premium and also gave an undertaking to pay the third instalment. After taking note of the deposit made by them and undertaking given on their behalf, the Chief Administrator passed order dated 11.10.1988 and restored the site subject to the condition of payment of amount due within three months. He waived the forfeiture of the ground rent and interest but maintained the forfeiture of 5% of the premium. The relevant extract of the appellate order is reproduced below :-