G.S.SINGHVI, J.

1. Whether the jurisdiction of the High Court under Article 226 of the Constitution of India should be exercised for relieving the petitioners of their obligation to pay the amount of premium along with interest and ground rent in accordance with the provisions of Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as the Act) and the Chandigarh Leasehold of Sites and Building Rules, 1973 (hereinafter referred to as the 1973 Rules) and the terms and conditions of allotment is the main issue which arises for adjudication in these petitions filed primarily for the purpose of restraining the respondents from realising the amount due from the petitioners although the drafting of petitions has been so articulated as to give an impression that the failure of the respondents to discharge their duty to provide amenities has deprived the petitioners of full use and enjoyment of the THE RELEVANT FACTSC.W.P. No. 3370 of 1992On the basis of the highest bid of Rs. 44,00,000/- given by them in the auction held by the Chandigarh Administration on 25-2-1990 in pursuance of advertisement Annexure P. 1 dated 23-2-1990, commercial site (SCO No. 66-67), Sector 8-C was leased out to petitioners-Sukhpal Singh and 19 others for a period of 99 years. Clauses 1, 4, 6, 11, 12, 15, 16 and 22 of the general terms and conditions which were made known to all the bidders at the time of auction and which are common to all the cases read as under:

"1. The sites will be given on leasehold basis for 99 years. In addition to the auction premium, rent at the rate of 2-1/2% premium is payable every year for the Ist 33 years. The rent may be raised to 3-1/4% for next 33 years and 5% of the premium for the remaining 33 years of the lease period.xx xx xx 4.25% of the bid shall be accepted in cash or by means of Demand Draft at the fall of the hammer and remaining 75% premium may be paid either in lump sum within 30 days (including date of auction) from the date of auction without any interest or the balance 75% premium shall be payable in three equated annual instalments along with interest at the rate of 7% per annum. The first instalment shall become payable after one year of the date of auction. In case the instalment of premium and ground rent are not paid on due date, interest at the rate of 12% per annum shall be payable from the due date to the date of actual payment. The Estate Officer may in his absolute discretion, allow the successful bidder to deposit, in the prescribed mode of payment, not less than 10% of the bid, on the condition that the difference between the amount deposited and 25% of the bid shall be deposited in the same manner within 30 days of auction (including the date of auction).PAYMENT BY CHEQUE WILL NOT BE ACCEPTED.xx xx xx

6.The sale of sites/buildings shall be governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 and the Chandigarh Leasehold of Sites and Building Rules, 1973 as amended from time to time and rules made thereunder.xx xx xx

11.After making payment of 25% of the premium, the lessee shall execute a lease deed in the prescribed form in such manner as he may be directed by the Estate Officer within six months of the date of auction or within such extended period as may be allowed by the Estate Officer for sufficient reasons, failing which is Estate Officer may cancel the lease and forfeit upto 10% of the premium. The lessee shall bear and pay all expenses in respect of execution of lease deed including the stamp duty and registration fee payable thereof in accordance with law for the time being in force.

12.Government do not own any responsibility for levelling the uneven sites.xx xx xx

15.After the lessee has paid full premium of the site whether before or after constructing a building according to the sanctioned plan, he may also with the permission of Estate Officer transfer his rights in the site subject to the condition that 50% of