- (1.) This writ petition has been filed with a prayer to quash an order dated 24.7.2008 (P2) vide which booth site No.906 situated in Motor Market Manimajra was ordered to be resumed and further it was ordered that 10% of the consideration amount be forfeited. Further prayer is to quash an order dated 16.9.2009 (P3) dismissing appeal filed by the petitioner. Still further, a prayer has been made to set aside an order dated 2.6.2010/ 4.6.2010 (P4) vide which revision petition filed by the petitioner was dismissed by the competent authority. Prayer has also been made to set aside an order dated 11.4.2012 (P5) vide which review application filed by the petitioner was dismissed.
(2.) It is on record that the petitioner was allotted a booth site in question on 26.9.2003, in an option auction for an amount of Rs.10,00,000/-. He was issued an allotment letter. 25% of the amount was paid towards sale consideration and rest was to be paid in installments as per schedule given in the allotment letter dated 7.11.2003 (P1).
(3.) Relevant terms and conditions of the allotment letter reads thus:- "4. The balance 75% of the cost together with interest thereon at 10% p.a. shall be payable in three annual equated installments, the first installment being payable at the expiry of one year from the date of auction and the subsequent installments shall similarly accrue every year on the due date as the case may be. In case the installment of sale price is not paid on due date, interest @ 20% per annum or at any other rate as may be enhanced by the administration from time to time shall be payable from the due to the date it is actually paid. However, no interest shall be payable if the said 75% balance of the sale price is paid in full within 30 days of the date of auction. 5. The following shall be the schedule of payment of installments of the balance cost:- JUDGEMENT_238_LAWS(P&H)11_2012_1.html 8. In the event of non-payment of any installment of sale price on the date given as in para 5 above, you will be liable to pay penalty which may extend to 10% of the outstanding amount of installment under Rule 11 of the Chandigarh Sale of Site and Building, Rules 1960. In case of non-payment of the outstanding amount along with penalty the Estate Officer, Municipal Corporation, Chandigarh shall proceed to resume the site. 20. In the event of any default or breach or non compliance of any of the terms and conditions of the allotment or for furnishing any wrong or incorrect information, the Additional Commissioner, Municipal Corporation, Chandigarh exercising the powers of Estate of Officer under Capital of Punjab (Development & Regulation) Act, 1952 shall to resume the site and forfeit the whole or part of the premium and other dues paid/ payable by the allottee.";