LPA No. 159 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 159 of 2011 Date of decision:- 31.01.2011 Chandigarh Industrial & Tourism Development Corporation Ltd. (CITCO), SCO No. 121-22, Sector 17-B, Chandigarh through its Managing Director. ......Appellant Vs Manjit Singh son of Harkishan Singh Batra, r/o H. No. 2076, Phase VII, SAS Nagar, Mohali and another. ......Respondents CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Harsh Aggarwal, Advocate, for the appellant. * * * * RANJAN GOGOI, A.C.J. (ORAL) The respondent No. 2 in the writ petition i.e. CWP No. 183 of 2009 has filed this appeal against the order dated 29.10.2010 passed by the learned Single Judge. The brief facts that will be required to be noticed are as follows. The writ petition in question was filed by the respondent/writ petitioner seeking a writ of mandamus to direct the respondent No. 2 in the writ petition i.e. appellant herein to transfer one third share/leasehold rights of one late Smt. Amrit Kala Dhall in built LPA No. 159 of 2011 2 up area industrial shed No. 775 of 15 marlas at Chandigarh in terms of a Will dated 17.09.1991 bequeathing that share in his favour. The respondent/writ petitioner had applied for the transfer on 13.07.2004. Before the learned Single Judge the respondent- Corporation agreed to make the aforesaid transfer subject to deposit of sub-letting fees, ground rent and interest w.e.f. 17.09.1991 (date of the Will) till date. The learned Single Judge hearing the writ petition took the view that the respondent/writ petitioner cannot be made liable to pay any of the charges beyond a reasonable period from the date of filing of the application for transfer. The learned Single Judge determined the said date to be 01.09.2004. Accordingly, orders were passed by the learned Single Judge that the transfer will be made by the appellant- Corporation to the writ petitioner within one week following the deposit of the charges calculated from 17.09.1991 (date of the Will) till 31.08.2004, after deduction of such amount already deposited. We cannot but agree with the learned Single Judge that the respondent/writ petitioner should not be made liable to pay the charges for the period that the Corporation took in deciding to effect the transfer. As already noticed, the learned Single Judge gave the appellant-Corporation benefit of about six weeks' time from the date of filing of the application for transfer i.e. 13.07.2004 and has made the writ petitioner liable to pay the charges from the date of the Will i.e. 17.09.1991 till 31.08.2004. LPA No. 159 of 2011 3 Accordingly, we are of the view that this appeal does not warrant admission. It is dismissed, however, with no order as to cost. (RANJAN GOGOI) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 31.01.2011 Amodh