High Court Punjab-Haryana High Court

The Estate Officer vs Smt. Raj Rani & Others on 27 January, 2009

Punjab-Haryana High Court
The Estate Officer vs Smt. Raj Rani & Others on 27 January, 2009
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                           CHANDIGARH.


                                                L.P.A. No.37 of 2009
                                          Date of decision: 27.1.2009

The Estate Officer, Chandigarh Admn., U.T., Chandigarh.
                                                        -----Appellant
                                 Vs.
Smt. Raj Rani & others.
                                                    -----Respondents


CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE JITENDRA CHAUHAN

Present:-   Mr. Sanjeev Sharma, Advocate
            for the appellant.

                 ----

1. This appeal has been preferred by the Chandigarh

Administration under Clause X of the Letters Patent against

judgment of learned Single Judge of this Court, allowing the writ

petition of respondents No.1 to 4 against order of resumption of plot

allotted on lease hold basis for 99 years and forfeiture of 10% of the

amount paid on account of non-payment of third instalment.

Learned Single Judge allowed the outstanding payment to be made

within one month from receipt of certified copy of the order.

2. Case of the original writ petitioners is that they were

allotted residential plot on 30.6.1975 and they paid 25% of the

premium of the site at the time of allotment. Thereafter, two out of

three instalments were duly paid and there was default in third

instalment which fell due on 7.6.1978. The original authority passed
LPA No.37 of 2009

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an order of forfeiture and cancellation of allotment against which the

predecessor of original writ petitioners filed an appeal, but he died

during pendency of the appeal. The appellate authority allowed the

appeal to the extent of setting aside of cancellation and reducing

the amount of forfeiture. The writ petitioners, however, still

preferred a revision petition for setting aside forfeiture. The revision

petition was allowed on 4.10.1988 and one month time was given to

make the payment. The time expired on 23.1.1989 and application

for extension of time was dismissed. The writ petitioners got

prepared draft for the amount on 13.2.1989 which was about 20

days later than the time by which the amount was to be paid.

3. Learned Single Judge held that 20 days time should

have been extended and cancellation of allotment or forfeiture of

amount for the said delay would be too harsh in the circumstances.

Learned Single Judge gave one months time from the date of

receipt of certified copy, on which the allotment will stand

regularized.

4. We have heard learned counsel for the parties.

5. Learned counsel for the appellant submitted that the

default in payment could not be readily condoned and if the same

was to be condoned, the writ petitioners should be required to pay

present market price. Reliance has been placed on judgment of the

Hon’ble Supreme Court in M.D., HSIDC and others v. M/s Hari

Om Enterprises and anothers JT 2008(8) SC 184. It has also

been submitted that mere sympathy should not be a ground to

exercise the power of judicial review as laid down in Haryana
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Urban Development Authority and another v. Roochira

Ceramics and another (1996) 6 SCC 584. It has further been

submitted that there was no error in the order of the Administration

in declining to extend time in view of judgment of this Court in

Maharani Depinder Kaur Burdwan (W.B.) v. Union Territory,

Chandigarh 1996(3) PLR 598.

6. We are unable to accept the submissions made.

7. The judgment in M/s Hari Om Enterprises (supra) does

not deviate from the earlier view in Teri Oat Estates (P) Ltd. v.

U.T., Chandigarh and others (2004) 2 SCC 130, to the effect that

doctrine of proportionality could be invoked as part of Article 14 of

the Constitution. If the order was disproportionate to the default and

too harsh, the same could be interfered with. It is on application of

said principle in the facts of the case concerned that the Hon’ble

Supreme Court gave direction for payment of current market price

was issued, finding chronic defaults by the allottees. The judgment

in Roochira Ceramics (supra) is also distinguishable on facts as

there were repeated defaults in the case before the Court. In the

present case, the writ petitioners had already deposited 75% of the

amount and for the delay in depositing the remaining amount, the

appellate and revisional authorities found valid justification. The

draft was got prepared by the writ petitioners after delay of 20 days

of the time given. No doubt, there was default, but having regard to

all the circumstances, the learned Single Judge having held that the

default was not chronic or intentional, we do not find any ground to

interfere under Clause X of the Letters Patent.
LPA No.37 of 2009

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8. The appeal is dismissed.


                                     ( ADARSH KUMAR GOEL )
                                           JUDGE


January 27, 2009                     ( JITENDRA CHAUHAN )
ashwani                                     JUDGE