- (1.) By filing this writ petition, the petitioners pray that a writ of certiorari be issued to quash an order dated 20.9.2006 (Annexure P1) vide which, for misuser of the property leased out to the petitioners i.e. S.C.O. No. 362-63, Sector 34-A, Chandigarh, they were directed to pay an amount of Rs. 83,144 along with interest towards penalty as per Rules. Further prayer is to quash an order dated 23.7.2008 (Annexure P2) dismissing an appeal filed by the petitioners against the above order. Still, further prayer has been made to quash an order dated 9.9.2009 (Annexure P3) vide which revision petition, filed by the petitioners, was dismissed. The petitioners have also made a prayer to quash an order dated 30.3.2010 (Annexure P4), vide which they were directed to pay revised amount of penalty for continuing misuser of the property. Calculation Sheet is available on record at page No.38 of the paper book.
(2.) It is primary contention of counsel for the petitioners that as per the provisions of Section 20-A of the Chandigarh Lease Hold of Sites and Building Rules, 1973, the Administration is to recover that amount, in the first instance, from the occupier and then may be from the lessee. In the present case, it has come on record and was also noticed by the Authorities below that the basement, regarding which misuser has been alleged was rented out by the petitioners against a rent note, for the purpose of office use and storage etc. The said action of the petitioners was contrary to the rules under which the property was leased out to them. As per the Rules existing then, the basement area can only be used for storage and not for any other activity. The Estate Officer when imposing penalty upon the petitioner, has observed as under:- "In response to the said notice, reply was filed by the lessee on 28-4-2006 through Sh. Paras Goyal Advocate stating that A.V. International has left the premises. The JE was directed to visit the site and submit measurement of the entire basement and Area SIE was directed to submit his latest inspection report. Case was adjourned to 20-9-2006. The SIE in his report dated 23-8-2006 have stated that is basement used for Sale of stationery items in the name and style of M/s Balaji Trading. However, Mr. Paras Goyal Advocate for the lessee stated that basement is used for storage of stationery articles. Therefore, this matter needs further investigation. However it is an admitted fact as per the lease agreement with Garg Trading Co which was subsequently converted into A.V. International the Director being Sh. Shakti Ram s/o Sh. Mange Ram who was prop of the Garg trading Co that the basement was used for office and storage purposes. The 2nd lease agreement was executed between the lessee and tenants on 15-9-2004. Thus, it is proved that the basement was used for purpose other than it was meant from the date of notice till 15-9-2004 for which the lessee is liable for making payment of misuse charges as per the rates. Such a use is definitely covered under the term "misuse". Rule 20-"A of Chandigarh leasehold of sites and building Rules 1973 prescribed the procedure in case of misuse of a site or a building. It reads as "When a misuse of a site or a building including violation of Section 2,4,5, 6 or 12(2) of the Act, or rule 17 is reported or comes to the notice of the Estate Officer then without prejudice to action taken under Section 8-A of the Act, or under rules 20, a notice shall also be served on the lessee(s) and on the occupier(s) of the site of building requiring that the lessee(s) and the occupier(s) shall within a period of one month, remove the said misuse. The lessees and the occupiers shall be liable, jointly and severally to pay such monthly misuse charges as are notified by the Chandigarh Administration from time to time for every month or part thereof the misuse occurs. Whereas, it is determined by the Estate Officer that the misuse is on the part of the occupier, charges shall be recoverable in the first instance from the occupier."
(3.) The rates for levying of such charges have been notified vide Chandigarh Administration No. 50/10/63-UTFI(5)- 2002/5153 dated 8-8-2003. In the present case the charges leviable per month or part thereof are notified as Rs.10 per sq. feet. The covered area of the basement is 2078.6 sq. feet. When calculated at this rate the charges payable for 4 months comes out to Rs.83,144/- (Eighty three thousand one hundred and forty four only). Besides this the allottee is liable for payment of interest at the rate of one and half percent for each month, as so far, no payment has been deposited by him. The charges along with interest be deposited within a period of one month from the date of order to the Estate Office, failing which the same will be recovered as arrears of land revenue. The SIE to visit the spot again and submit report by 24-10-2006 about the use of the basement by Balaji Trading Co. None of the occupants appeared inspite of proper service of notice U/R 20 ibid, therefore, they are proceeded ex-parte.;