Chandigarh Administration vs Hari Ram

3. Respondent-Hari Ram was allotted a booth No.254, Sector-20D, Chandigarh by the appellant-Chandigarh Administration for a total premium of Rs.70,500/- on lease basis for a period of ninety-nine years on 26.12.1996. The respondent made initial payment and possession was handed over to him accordingly. The respondent has not paid the first, second and third installments and ground rent which fell due on 25.12.1997, 25.12.1998 and 25.12.1999. On 21.06.2006, the lease granted in favour of the respondent was cancelled as there was breach of conditions of the lease as respondent failed to deposit three installments and also the ground rent. Being aggrieved by the cancellation of allotment, the respondent preferred appeal before the Chief Administrator, Chandigarh. In the meanwhile, the eviction order was passed against the respondent on 09.02.2007 under Section 5(1) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 as applicable to the Union Territory of Chandigarh.

5. The appeal preferred by the respondent against the order of cancellation of lease before the Chief Administrator, Chandigarh was dismissed by order dated 20.08.2008. The Chief Administrator, Chandigarh held that the Estate Officer has given at least twenty-six opportunities to the respondent over a 3 period of four years yet the respondent-allottee failed to deposit the same. The Chief Administrator refused to accept the request of respondent seeking time to deposit the amount pending dues before the Estate Officer. Being aggrieved, the respondent has filed revision before the Advisor to the Administrator, Chandigarh contending that he is a poor and is feeding his family only from the meagre income earned from his booth. In the said revision, the respondent has undertaken to pay the entire outstanding amount in case, opportunity is given to him. The Advisor to the Administrator vide order dated 22.10.2008 dismissed the revision and held that the respondent was given sufficient time by the appellate court to clear the outstanding dues but the respondent has failed to avail the same.

6. Being aggrieved, the respondent filed writ petition before the High Court in CWP No.19200 of 2008 and the same was allowed by the High Court vide the impugned order. The High Court held that at the time of allotment in 1996, the total premium for the booth was Rs.70,500/- and the respondent has so far paid an amount of Rs.1,02,000/- and in compliance with 4 the interim order dated 10.11.2008, the respondent has also deposited Rs.40,000/- in the High Court. The High Court held that further opportunity has to be given to the respondent to pay the outstanding dues and his case cannot be shut out by citing number of opportunities given to him to deposit the money. The High Court allowed the writ petition and directed the amount of Rs.40,000/- deposited by the respondent be returned to him so as to enable him to use the said amount in paying the outstanding dues of the lease of the commercial booth. Being aggrieved, the Chandigarh Administration has preferred this appeal.

13. In the result, the impugned order of the High Court is set aside and this appeal is allowed. The respondent is granted six months time to pay the amount of Rs.10,25,950/- (Rs.12,77,950/- less Rs.2,52,000/-). On such deposit, the appellant-Administration shall confirm the allotment in favour of the respondent and execute the necessary documents in favour of the respondent at the expense of the respondent. On failure to deposit the amount within the period of six months, the appellant-Administration shall proceed with the respondent for eviction in accordance with law. This order is passed in the peculiar facts and circumstances of the present case and shall not be quoted as precedent in other matters.

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