Present: Mr. G.C.Dhuriwala Advocate Vs. the Advisor to the Administrator U.T. Chandigarh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1072041
CourtPunjab and Haryana High Court
Decided OnSep-02-2013
AppellantPresent: Mr. G.C.Dhuriwala Advocate
RespondentThe Advisor to the Administrator U.T. Chandigarh and Others
Excerpt:
c.w.p.no.16861 of 1994 -1- in the high court of punjab and haryana at chandigarh ***** c.w.p.no.16861 of 1994 date of decision:02. 09.2013 dr. narinder manrao and another ....petitioners versus the advisor to the administrator, u.t., chandigarh and others ....respondents coram: hon’ble mr.justice satish kumar mittal hon’ble mr.justice mahavir s. chauhan present: mr.g.c.dhuriwala, advocate, for the petitioners.mr.sanjay kaushal, senior standing counsel, for the respondents. satish kumar mittal, j. (oral) the petitioners were allotted a booth site no.394, sector 32-c, chandigarh, on 99 years lease hold basis for a total premium of rs.4,82,000/- in an open auction held on 12.02.1989. after the auction, a sum of rs.1,20,500/- i.e.25% amount of the premium was paid by the petitioners.the rest of the 75% amount was to be paid in instalments. the petitioners had paid upto second instalment of rs.1,49,800/- to respondent no.3 in the month of march, 1990. thereafter, the petitioners.vide application dated 18.11.1991, made a request for surrender of the said booth site, which was declined by the assistant estate officer, vide letter dated 08.01.1992 (annexure p-1).on the ground that there is no provision for surrender of the site. subsequently, after virender singh adhikari 2013.09.05 10:21 i attest to the accuracy and integrity of this document high court chandigarh c.w.p.no.16861 of 1994 -2- issuing notice to the petitioner, the lease was cancelled and an amount of rs.12,500/- being 2½% of the premium plus interest/ground rent/penalty from the date of application, was ordered to be forfeited. on appeal, the amount of forfeiture was reduced from 2½% to 1% of the premium, vide order dated 05.04.1994 (annexure p-2) passed by the chief administrator, chandigarh administration, but the liability to pay interest/ground rent/penalty was kept intact. however, in revision even the penalty amount was ordered to be waived, vide order dated 21.09.1994 (annexure p-3) passed by the advisor to the administrator, union territory, chandigarh. during the cours.of hearing, learned counsel for the petitioners could not point out any illegality in the impugned orders.however, he pointed out that the refund of the remaining amount has not been made to the petitioners.in view of the aforesaid circumstances, we dismiss the writ petition and direct the respondents that if the remaining amount has already been not refunded to the petitioners.the same may be refunded to them forthwith with 9% simple interest. (satish kumar mittal) judge (mahavir s. chauhan) judge 02 09.2013 adhikari virender singh adhikari 2013.09.05 10:21 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

C.W.P.No.16861 of 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** C.W.P.No.16861 of 1994 Date of Decision:

02. 09.2013 Dr.

Narinder Manrao and another ....Petitioners Versus The Advisor to the Administrator, U.T., Chandigarh and others ....Respondents CORAM: HON’BLE Mr.JUSTICE SATISH KUMAR MITTAL HON’BLE Mr.JUSTICE MAHAVIR S.

CHAUHAN Present: Mr.G.C.Dhuriwala, Advocate, for the petitioneRs.Mr.Sanjay Kaushal, Senior Standing Counsel, for the respondents.

SATISH KUMAR MITTAL, J.

(ORAL) The petitioners were allotted a booth site No.394, Sector 32-C, Chandigarh, on 99 years lease hold basis for a total premium of Rs.4,82,000/- in an open auction held on 12.02.1989.

After the auction, a sum of Rs.1,20,500/- i.e.25% amount of the premium was paid by the petitioneRs.The rest of the 75% amount was to be paid in instalments.

The petitioners had paid upto second instalment of Rs.1,49,800/- to respondent No.3 in the month of March, 1990.

Thereafter, the petitioneRs.vide application dated 18.11.1991, made a request for surrender of the said booth site, which was declined by the Assistant Estate Officer, vide letter dated 08.01.1992 (Annexure P-1).on the ground that there is no provision for surrender of the site.

Subsequently, after Virender Singh Adhikari 2013.09.05 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh C.W.P.No.16861 of 1994 -2- issuing notice to the petitioner, the lease was cancelled and an amount of Rs.12,500/- being 2½% of the premium plus interest/ground rent/penalty from the date of application, was ordered to be forfeited.

On appeal, the amount of forfeiture was reduced from 2½% to 1% of the premium, vide order dated 05.04.1994 (Annexure P-2) passed by the Chief Administrator, Chandigarh Administration, but the liability to pay interest/ground rent/penalty was kept intact.

However, in revision even the penalty amount was ordered to be waived, vide order dated 21.09.1994 (Annexure P-3) passed by the Advisor to the Administrator, Union Territory, Chandigarh.

During the couRs.of hearing, learned counsel for the petitioners could not point out any illegality in the impugned ordeRs.However, he pointed out that the refund of the remaining amount has not been made to the petitioneRs.In view of the aforesaid circumstances, we dismiss the writ petition and direct the respondents that if the remaining amount has already been not refunded to the petitioneRs.the same may be refunded to them forthwith with 9% simple interest.

(SATISH KUMAR MITTAL) JUDGE (MAHAVIR S.

CHAUHAN) JUDGE 02 09.2013 adhikari Virender Singh Adhikari 2013.09.05 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh