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1996 Supreme(SC) 646

G.B.PATTANAIK, K.RAMASWAMY
Chandigarh Administration Through The Estate Officer, Union Territory, Chandigarh – Appellant
Versus
Johnson Paints And Varnish Company – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the order of the High Court of Punjab and Haryana in Writ Petition No. 2677/93, dated November 4, 1993. The admitted facts are that the site bearing No. 187-B, Industrial area, Chandigarh was alloted to M/s. Johnson Paints & Varnish Co. for industrial use. The allottee was Kulraj Singh Paul, S/o Sardar Gurbax Singh. The allotment came to be made in the year 1965 at a concessional rate of Rs.10/- per sq. yd. Default was committed in payment of the instalments. Consequently, the site was resumed on April 26, 1967. On payment with penal amounts prescribed under the Rules the property was handed over again to the respondent. Thereafter, since it was not constructed, the property was again resumed in the year 1981. The respondent filed the writ petition, which was dismissed. LPA was also dismissed and when the SLP was filed, this Court confirmed the order of dismissal. Thus the entitlement to the allotment became final and the controversy became quiteous.

3. Subsequently, the respondent filed an application under Rule 11-D of the Chandigarh (Sale of Sites and Building) Rules 1960 (For short, the Rules ). Rule 11-D(i)







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