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2012 Supreme(P&H) 980

HEMANT GUPTA, RAJIV NARAIN RAINA
Adviser to the Administrator, UT, Chandigarh – Appellant
Versus
B. K. Nanda – Respondent


Advocates:
For the Appellants:Ms. Lisa Gill, Advocate.
For the Respondent:Mr. Puneet Bali, Senior Advocate, with Mr. Vibhav Jain, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - Challenge in the present appeal under Clause X of the Letters Patent is to an order passed by learned Single Judge of this Court on 07.03.2011, whereby the writ petition was allowed and the deposit made by the writ petitioner was directed to be accepted with liberty to recalculate the amount due and payable by the respondent.

2. The respondent (hereinafter referred to as ‘allottee’) was allotted commercial site i.e. SCO No.17, Sector 20-D, Chandigarh measuring 153.33 square yards in an open auction on 99 years lease hold basis on 10.03.1989. The total premium was Rs.10,91,000/-. The allotment letter was issued on payment of 25% of the premium amount and the balance 75% of the premium amount was payable along with interest at the rate of 7% in three equal annual installments apart from the fact that the allottee was to pay ground rent as well. The allottee failed to pay even the first installment for which a show cause notice dated 06.09.1990 (Annexure P-2) was issued. In pursuance of such notice, the allottee made a request on 19.10.1990 (Annexure P-3) that it is difficult for him to deposit such a huge amount and he be granted six months’ time to d
















































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