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M/S AANCHAL EDUCATIONAL SOCIETY versus UNION TERRITORY, CHANDIGARH & ORS

High Court of Punjab and Haryana, Chandigarh

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M/s Aanchal Educational Society v. Union Territory, Chandigarh & Ors - CWP-12277-2004 [2006] RD-P&H 3734 (5 July 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.12277 of 2004

DATE OF DECISION:July 6, 2006

M/s Aanchal Educational Society

....Petitioner

VERSUS

Union Territory, Chandigarh and others

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S.BHALLA

PRESENT: Shri V.K.Kataria, Advocate for the petitioner.

Shri K.K.Gupta, Advocate for the respondents.

Viney Mittal,J.(Oral).

Shri V.K.Kataria, the learned counsel appearing for the petitioner Society has informed the Court that the petitioner Society has deposited the entire amount in lump-sum, although the same could have been deposited in instalments upto the year 2002.

However, this fact is disputed by Shri K.K.Gupta, the learned counsel appearing for the respondents who says that still a very huge amount is due.

Shri Kataria has further contended that on account of the existence of trees on the land which had been allotted to the petitioner Society for construction of a school, the petitioner Society has not been able to raise the aforesaid construction. Shri Kataria further informs the Court that at the time of allotment of the plot large number of trees were standing on the land, although the same were removed in the year 2002 but on account of existence of trees earlier, the construction could not be carried out and it was on account of the aforesaid fact that there was delay in payment.

After hearing the learned counsel for the parties, we find that the matter has to be essentially examined by the competent authority.

Consequently, we deem it appropriate to require the Assistant Estate Officer, Chandigarh Administration, Chandigarh (exercising the power of Estate Officer) to examine the factual pleas raised by the petitioner. For this purpose, the petitioner shall file a detailed representation before the Assistant Estate Officer, within a period of four weeks from the date of the receipt of the certified copy of this order. The petitioner shall take all such pleas, which are available to him in the aforesaid representation and shall also annex copies of the relevant documents, upon which reliance is being placed by him. On receipt of the aforesaid representation, the Assistant Estate Officer shall examine the aforesaid representation and pass a detailed speaking order within a further period of four months thereafter, after affording an opportunity of personal hearing to the petitioner or his counsel and the departmental representative. After a final order is passed by the Assistant Estate Officer, the petitioner shall be communicated, through a written communication, vide registered post, of any outstanding dues against him. On receipt of the aforesaid communication, the petitioner shall clear all the aforesaid outstanding dues against him, within a further period of three months thereafter.

Needless to say that on receipt of the payment of the aforesaid dues from the petitioner any order passed on account of earlier default committed by the petitioner shall be treated to have been condoned and any penal action/resumption order, if so passed, shall be treated as nonest.

A copy of the order be given dasti on payment of usual charges.

(Viney Mittal)

Judge

July 6, 2006 (H.S. Bhalla)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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