SWATANTER KUMAR, J. - (1.) IN this petition under Articles 226/227 of the Constitution of India the petitioner prays for issuance of appropriate writ or direction quashing the order dated 10.1.1992 and for a further direction that the respondents be directed to restore the plot bearing No. 134, semi- industrial, to the petitioner.
(2.) THE writ is contested by the respondents who submits that the order of cancellation has been passed as per terms and conditions of auction and the rules framed by the Chandigarh Administration, known as Chandigarh Lease holding of Sites and Buildings Rules, 1973, hereinafter referred to as the Rules, and no case was made out by the petitioner for restoration of the plot. The necessary facts are that on 13.3.1988 auction of semi-Industrial plots was held by the Estate Officer, Chandigarh Administration. The petitioner was declared as successful bidder for plot No. 134 for a total price of Rs. 7.35 lacs being the bid money. 25% of this money i.e. Rs. 1,83,750.00 was paid at the time of auction and the balance of Rs. 5,51,250.00 was to be paid in three equal annual instalments of Rs. 2,10,054.00, first instalment was payable on 10.4.1989. The petitioner admittedly failed to pay the instalment in time as per the terms and conditions of auction/allotment letter. Vide letter dated 30.1.1980 the Estate Officer passed an order of resumption on account of non- payment of instalments. The allotment of plot in favour of the petitioner was cancelled and 10% of the premium of the site i.e. Rs. 73,500/- was ordered to be forfeited. Against this order the petitioner filed an appeal which was also dismissed by the Appellate Authority under the Rules. The matter was placed before the Lok Adalat with the consent of the parties on 6.7.1991. In furtherance to the said terms, a sum of Rs. 3,00,000/- was paid on 8.6.1991 in the Lok Adalat itself. The balance amount was to be paid by 31.7.1991. The order of the Appellate Authority dated 19.8.1991 was communicated to the petitioner vide which the impugned order was set aside and the site in question was restored to the appellant on the condition that the entire outstanding amount was to be paid by them by 31.7.1991. The petitioners paid additional amount of Rs. 2,46,000/- on 28.8.1991 and balance of Rs. 3,00,000/- was also paid by a bank draft on 23.9.1991. According to the petitioners this amount includes the upto-date payment along with interest.
(3.) THE petitioners preferred a revision against the order of the Appellate Authority for extension of time for making the payment, in the year 1991, on the ground that the order of the Appellate Authority was communicated late and stating other circumstances which in the submission of the petitioners would provide a sufficient cause for further extension of time. The revision was dismissed by the competent authority vide order dated 10.1.1992, Annexure P.4 to the writ petition. Vide letter dated 23.6.1992, the Estate Officer returned the bank drafts of the afore-mentioned amounts to the petitioners.;