Section 4: Person eligible for the allotment

Unless otherwise provided, a person who was enlisted in the survey conducted in the month of June, 1997, shall be eligible for allotment of sites subject to the following conditions, namely(i) Provided that a person, who is already running business of Auto Repairs/SpareParts in a site/shop meant for such a purpose, shall notbeeligible for allotment;(ii) That the applicant does not have any commercial site/shop in his name or in the name of his spouse or dependent children either in the Union' Territory, Chandigarh, Mohali or Panchkula:

[339] 340 Allotment of Sites on Lease-hold basis to Auto Sparc Part Dealersand Auto Repair Mechanics in Chandigarh Scheme, 1999Provided that if a person who owned a commercial site/shop in Chandigarh or Mohali or Panchkula and has subsequently disposed of the same after Llie30lh June, 1997 shall not be eligible fot tlie allotment of site under the scheme.(iii) A person dealing in Auto Spare Parts should be registered in the Union Territory, Chandigarh, under the Punjab General Sales Tax Act, 1948, as applicable in the Union Territory, Chandigarh and/or the Central Sales Tax, 1956, as on the 31st May, 1997.5. Procedure for allotment. - (i) Application forms so received, accompa­nied by affidavit in pursuance of the order dated 10th December, 1996 of Hon’ble High Court in Civil Writ Petition No. 14083 of 1993 by conducting fresh survey shall only be entertained.(ii) The applicant will be considered for allotment if his name exists in the survey conducted on 23rd June, 1997 to 30th June, 1997 and has applied along with affidavit, claim forms photo supplied for the purpose before the cut off date i.v. 30th June, 1997. AH the applications received will bo scrutinised by tire Screening Committee.(iii) The eligible persons will be considered for allotment of 431 sites under construction in Sectors 38 and 48 through draw of lots.The unsuccessful applicants will be considered for limited auction of sites identified near petrol pumps and in various sectors earmarked by tlie Chief Archi­tect. (!v) A separate draw of lots shall be held for allotment of sites to the Auto Spare Parts Dealers, to the Scooter Repair Mechanics and to other repair me­chanics.(v) When 10% of the premium has been so tendered on demand, the Estate Officer shall, subject to such direction as may be issued by the Chief Administra­tor in this regard, issue a letter of intent to the applicant successful in the draw of lots, by a registered post intimating the number, sector, approximate area, pre­mium and the ground rent of the site proposed to be allotted to tlie applicant. The Estate Officer shall also simultaneously forward a list of each such category of successful applicant to the Chandigarh Housing Board for construction of the respective categories of superstructure on the allotted sites on behalf of the les­sees. The precise, dimensions of the sites and superstructure shall be fixed by tlie Chandigarh Administration..*[(vi) The applicant shall, unless he refuses to accept the offer within 30 days from th© date of issue ofthc letter of intent, deposit within that period and in the prescribed mode of payment farther 15% ofthc premium of land, In addition to payment of 25% premium under the Scheme, remaining 75% premium may be E>aid in 120 equated monthly instalments alongwith interest at tlie rate prescribed n sub-rule (2) of Rule 12 of the Chandigarh Lease- hold of Sites and Building Rules, 1973, as amended from time to time, t he rate of interest as specified on the date of allotment shall be applicable:Provided that balance of 75% may ako be made in three annual equated instalments alongwith interest at the rate prescribed in sub-rule (2) of Rule 12 of the Chandigarh Lease-hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allotment shall be applicable:

I. Substituted vide Chandigarh Administration Ci az, (Extra) dated 24-08-2003 al page 842 . j. • '4.-.

341Allotment of Sites fin Lease-hold basis to Auto Spare Part Dealersand Auto Repair Mechanics in Chandigarh Scheme, 1999Provided further that payment may also be made in lump sum within thirty days from the date of allotment without any interest.]1 [(vi) (a) The applicant shall, unless he refuses to accept the offer within 30 days from the date of issue of the letter of intent, deposit within that period and in the prescribed mode of payment, 25% of the cost of construction of the super­structure. In addition to payment of 25% cost of construction under the scheme, remaining 75% of the cost of construction may be made in 120 equated monthly instalments alongwith interest at the rate prescribed in sub-rule (2) of Rule 12 of the Chandigarh Lease-hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allotment shall be applicable:Provided that balance payment of 75% may also be made in three annual equated instalments alongwith interest at the rate prescribed in sub-rule (2) of Rule 12 of the Chandigaril Lease-hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified the date of allotment shall be applicable:Provided further that payment may also be made in lump sum within thirty days from the date of allotment without any interest.](vii) If the applicant refuses to accept the offer within the said period of 30 days, he will be entitled to refund of the amount paid by him.(viii) If the applicant fails to communicate refusal to accept the allotment within 30 days and also fails to deposit 15 percent of the premium under sub clause (vii), the Estate Officer may forfeit the whole or part of the earnest money.(ix) In both the cases as in sub-clause (vii) and (viii) above, a person, once he fails or refuses to accept the offer of a site he shall not be eligible to apply again under this scheme. ***6. Commencement and period of lease. - The lease shall commence from the date of issue of letter of intent and shall be for a period of 99 years. After the expiry of the said period, the lease may be renewed for such further period and on such terms and conditions as the Government may decide.***7. Issue of the allotment letter and delivery of the possession after the draw of lots and on receipt of the list ofsuccessful applicants from the Estate Officer shall be as in clause 5(v) of the Scheme above. ~ The Chandigarh Housing Board shall issue letters to the successful applicants for the deposit of amount for financing the construction of super structure on the allotted sites. It shall be obligatory on the part of the lessees to deposit the amount as determined by the Chandigarh Administration with the Chandigarh Housing Board, in accor­dance with the letter issued by the Chandigarh Housing Board. The Chandigarh Housing Board shall on receipt of the due payments, construct the super struc­tures and on completion thereon hand over the same to the Estate Officer. The Estate Officer after receiving “No Dues Certificate” issued by the Chandigarh Housing Board, with reference to the payment for each unit of the super structure and after ensuring the payment of the remaining 15% premium of the land from the lessee, shall issue allotment letter for the site to the lessee. The actual posses­sion of the site shall be delivered by the Estate Officer to the lessee after the misuse of shop/site presently occupied by the lessee is vacated by the lessee and the vacation is verified by the Estate Officer.

1. Substituted vide Chandigarh Administration Gaz. (Extra) dated 24-08-2003 at page 842- 342 Allotment of Sites on Lease-hold basis to Auto Spare Part Dealersand Auto Repair Mechanics in Chandigarh Scheme, 19998. Premium. - The premium of the site shall be such amount as may be determined by the Chandigarh Administration from time to time.9. Mode of payment of premium and consequences of non-payment or last payment.- (i) In addition to payment of 25% premium under rule 5 (vi) of the scheme, the remaining 75% premium may be paid in lump sum within 30 days from the date of allotment without any interest.1 [(ii) If the payment is not made in accordance with sub-clause (i) above, balance of 75% premium shall be paid in 120 monthly equated instalments to­gether with interest at the rate prescribed in sub-rule (2) of Rule 12 of the Chandigarh Lease-hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified on tlie date of allotment shall be applica­ble: Provided that balance payment of 75% may also be made in three annual equated instalments alongwith interest at the rate prescribed in sub-rule (2) of Rule 12 of tire Chandigarh Lease-hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allotment shall be applicable.]' [(**) (a) The applicant shall, unless he refuses to accept the offer within 30 days from the date of issue of the letter of intent, deposit within that period and in the prescribed mode of payment, 25% of the cost of construction of the super structure. In addition to payment of 25% of the cost of construction under the Scheme, remaining 75% payment of cost of construction may be made in 120 equated monthly instalments alongwith interest at the rate prescribed in sub-rule (2) of Rule 12 ofthe Chandigarh Lease-hold of Sites and Building Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allot­ment shall be appl icable:Provided that balance payment of 75% may also be made in three annual equated instalments alongwith interest at the rate prescribed in sub rule (2) of Rule 12 of the Chandigarh Lease-hold of Sites and Buildings Rules, 1973, as amended from time to time. The rate of interest as specified on the date of allot­ment shall be applicable:Provided further that payment may also be made in lump sum within thirty days from the date of allotment without any interest.](iii) In case any instalment is not paid by the lessee by the date on which it is payable notice may be served on the lessee calling upon him to pay the instalment within a period of three months togetherwith a penalty which may extend upto 10 per cent of the amount due. If the payment is not made within the said period, the Estate Officer may caned the lease and forfeit the whole or any part of money if paid in respect thereof which in no case, shall exceed 10 percent of the total amount of die consideration money, interest and other dues payable in respect of the lease;Provided that forfeiture will not be made in addition to penally:Provided further that no order of cancellation or. forfeiture shall be made without giving the lessee a reasonable opportunity of being heard. If the order of cancellation is for non payment of penalty, the lessee may show cause why the penalty should not have been levied.1 [(iv) In case of delay in payment, interest on delayed payments shall be chargeable at the rate specified in sub-rate (3A) of Rule 12 of the Chandigarh

1. Substituted vide Chandigarh Administration Gaz. (Extra) dated 24-08-2003 at page 842 Allotment of Sites cyi Lease-hold basis to Auto Spare Part Dealers 343and Auto Repair Mechanics in Chandigarh Scheme, 1999Lease-hold of Sites and Buildings Rules, 1973. The rate of interest specified on the date of default shall be applicable.](v) Each instalment shall be remitted to the Estate Officer in the proscribed mode of payment. Every such remittance shall be accompanied by a letter show­ing full particulars of the site to which the payment pertains or a statement giving reference to the number and the date of the allotment referred to in para 5(v). In the absence of these particulars, the amount remitted shall be deemed to have been received only on the date, when the remitter supplies correct and complete Information. ****