RAJIV NARAIN RAINA, J. - (1.) THIS writ petition has been filed under Articles 226/227 of the Constitution of India praying for a writ of certiorari quashing orders dated 12.8.2009 (P-1); order dated 12.1.2010 (P-3) and the final orders dated 18.8.2010 (P-5) and 9.3.2011 (P-8) cancelling the lease of Booth No.2 Rehri Market, Sector-9, Chandigarh for failure of the petitioner to execute a lease deed in terms of Rule 14 of the Chandigarh Lease Hold of Sites and Building Rules, 1973 (for short the "1973 rules").
(2.) THE facts are that the petitioner was allotted a built up commercial Booth No.2 Rehri Market, Sector-9, Chandigarh on 5.5.2005 on lease hold basis for 99 years. The booth was one of several booths allotted to handcart/ rehri licence holders operating in certain markets including the above market for decades in terms of a rehabilitation scheme floated for the purpose. The petitioner pleads that being an illiterate person he could not execute the lease deed in terms of the 1973 rules within the time specified. He is prepared to comply with the rule without demur if given a chance. Specifically in question in this petition is Rule 14 of the 1973 rules which reads as follows: "14. Execution of lease deed. (1) After payment of 25% premium (or such higher percentage as prescribed under rule 9 (2)) the lessee shall execute a lease deed in form "B" or "C" as the case may be, in such manner as may be directed by the Estate Officer within six months of the date of allotment/auction or the such further period as the Estate officer may, for good and sufficient reasons allow. (2) If the lessee fails to execute a lease deed in accordance with sub-rule (1) of this rule, the Estate Officer may cancel the lease and forfeit a sum upto 25% of the premium: Provided that before taking action under sub-rule (2) of this rule the Estate Officer shall afford a reasonable opportunity to the lessee of being heard." (emphasis supplied)
(3.) SINCE Rule 14 (1) of 1973 rules requires a lease deed to be executed by an allottee with the UT Administration within six months of the date of allotment/auction, on failure of the petitioner to do so the Estate Officer, U.T. Chandigarh passed an ex parte order dated 12.8.2009 cancelling the lease of the built up booth for failure to execute lease deed within the time prescribed citing the case as one of invocation of jurisdiction as a last resort. The 25% of premium paid by the petitioner towards premium of the site was ordered to be forfeited in terms of Rule 14 (2) of the above quoted rule of the 1973 rules.;