Date 2019.08.06 172337 IST Reason Respondent Hari Ram was allotted a booth No.254, Sector 20D, Chandigarh by the appellant Chandigarh Administration for a total premium of Rs.70,500/ on lease basis for a period of ninety nine years on 26.12.1996.
The learned Additional District Judge held that since the appeal against the cancellation of allotment was pending, the Estate Officer should have waited for decision of that appeal and the proceedings initiated by the Estate Officer is number sustainable.
The respondent made initial payment and possession was handed over to him accordingly.
Challenging the order of eviction, the respondent filed appeal before the Appellate Authority Additional District Judge, Chandigarh.
The High Court allowed the writ petition and directed the amount of Rs.40,000/ deposited by the respondent be returned to him so as to enable him to use the said amount in paying the outstanding dues of the lease of the companymercial booth.
Being aggrieved by the cancellation of allotment, the respondent preferred appeal before the Chief Administrator, Chandigarh.
The appeal preferred by the respondent against the order of cancellation of lease before the Chief Administrator, Chandigarh was dismissed by order dated 20.08.2008.
On 21.06.2006, the lease granted in favour of the respondent was cancelled as there was breach of companyditions of the lease as respondent failed to deposit three installments and also the ground rent.
Being aggrieved, the respondent filed writ petition before the High Court in CWP No.19200 of 2008 and the same was allowed by the High Court vide the impugned order.
The Chief Administrator, Chandigarh held that the Estate Officer has given at least twenty six opportunities to the respondent over a period of four years yet the respondent allottee failed to deposit the same.
The Chief Administrator refused to accept the request of respondent seeking time to deposit the amount pending dues before the Estate Officer.
Being aggrieved, the respondent has filed revision before the Advisor to the Administrator, Chandigarh companytending that he is a poor and is feeding his family only from the meagre income earned from his booth.
Being aggrieved, the Chandigarh Administration has preferred this appeal.
On those findings, the Appellate Authority Additional District Judge set aside the eviction order with a direction that the appellant was number to be evicted from the booth No.254, Sector 20D, Chandigarh till the disposal of the appeal against the cancellation of the allotment of the booth pending before the Chief Administrator, Chandigarh.
The Additional District Judge vide order dated 14.05.2007 set aside the order of eviction passed by the Estate Officer by holding that the order of cancellation of allotment of booth dated 21.06.2006 has been challenged by the respondent before the Chief Administrator, Chandigarh and the said appeal was then still pending.
In the said revision, the respondent has undertaken to pay the entire outstanding amount in case, opportunity is given to him.
The respondent has number paid the first, second and third installments and ground rent which fell due on 25.12.1997, 25.12.1998 and 25.12.1999.
In the meanwhile, the eviction order was passed against the respondent on 09.02.2007 under Section 5 1 of the Public Premises Eviction of Unauthorised Occupants Act, 1971 as applicable to the Union Territory of Chandigarh.
The Advisor to the Administrator vide order dated 22.10.2008 dismissed the revision and held that the respondent was given sufficient time by the appellate companyrt to clear the outstanding dues but the respondent has failed to avail the same.
BANUMATHI, J. Leave granted.
This appeal arises out of the order dated 26.07.2012 passed by the High Court of Punjab and Haryana in CWP No.19200 of 2008 in and by which the High Court has set aside the order of eviction passed against the appellant and directing the amount of Rs.40,000/ deposited by him be returned to the respondent so as to enable him to use the amount in paying the outstanding dues of lease of the companymercial booth allotted Signature Not Verified Digitally signed by MADHU BALA to the respondent.
