V.K.JHANJI, J. - (1.) THIS order will dispose of C. W. P. s. No. 6331, 6329, 7016 of 1988 and 7679 and 8713 of 1989, as common questions of law and facts are involved therein. Facts have been taken from Civil Writ Petition No. 6331 of 1988.
(2.) PETITIONER in Civil Writ Petition No. 6331 of 1988 was leased out Site No. 3209, Sector 32-D, Chandigarh, measuring 528. 13 sq. yards in an open auction for Rs. 47,000/ -. The terms and conditions were contained in allotment letter dated 20. 6. 1975. Petitioner was required to make entire payment of lease money in three annual instalments, besides initial deposit of 25% at the time of bidding. Over and above that, the petitioner was required to make payment of annual rental every year. However, petitioner made default in making payment of instalments. Notice was issued to the petitioner under Rule 20 of Chandigarh Lease Holding of Sites and Buildings Rules, 1973 (in short, the 1973 Rules ). After the said show-cause, order of resumption was passed by the Estate Officer, which was affirmed in appeal by the Chief Administrator, Chandigarh, and thereafter, a revision petition preferred against the order of Estate Officer as well as Chief Administrator, was dismissed. This is how the present petition has been filed by the petitioner, impugning the notice and orders passed by the respondents, resuming the site in question. After hearing learned counsel for the parties, I am of the view that the writ petition is squarely covered by decision of Division Bench of this Court in Punjab Book Centre v. U. T. Chandigarh and Ors. , (1981)83 P. L. R. 371, wherein it was held that: "sub-rules (1) and (2) of Rule-12 "prescribe the mode of payment and Sub-rule (3) operates in the consequence of default of any instalment of the premium, the course of payment of which is determined by Sub-rule (2 ). This rule, therefore, is of special nature and makes a specific provision to deal with the consequence of default in payment of instalments of the premium. Ride 20 on the contrary is a general provision. It comes into operation in case of breach or non-compliance of the terms and conditions of the lease or of the allotment order on default in payment or even furnishing of any wrong or incorrect information under Rule 19. This rule can spring into action against any transferee even on action against any. transferee even on account of wrong or incorrect information under Rule 19. Rule 20 is undoubtedly a general provision covering more grounds for mobilising it, for use by the Administration. The Rules, which are a part of the Act, being statutory, have provided for the cancellation of lease. In Rule 20, cancellation is provided for several reasons, but in Rule 12 (3) default of the premium is provided specially. In such a situation, Rule 20, which is general, is to give way to Rule 12 (3), which is special, of this category. " It is not disputed that notice issued to the petitioner was under Rule 20 of 1973 Rules and not under Rule 12 (3) of the said Rules, and in this situation, Rule 20 which is general in nature, is to give way of to Rule 12 (3) being special and dealing with cancellation of leases on account of non-payment of premium.
(3.) CONSEQUENTLY , Civil Writ Petitions No. 6331, 6329, 7016 of 1988, 7679 and 8713 of 1989 shall stand allowed. Notices as well as orders passed by the respondents are quashed. If the petitioners are still in default, the Estate Officer shall have the option to take appropriate proceedings against the petitioner in accordance with law.;