(I) In case of allotment of site the intended lessee shall make QlI application to the I [Deputy ChiefAdministrator] in form"A" together with an affidavit attested by Oath Commissioner or MagistrateIst Class affirming all facta wh ich make him el igible for allotment ora site .
(2) No application under sub-rule (1) shall be valid unless it is accompanied by 10per cent of the premium as earnest money either in cash or brr demand draft drawn on any scheduled bank situated in Chandigarh in favour of [Deputy Chief Administrator], Chandigarh (hereinafter referred to the prescribed mode of pay ment).
(3) When 10 per cent of the premium 'has been so tendered the I [Deputy Chief Administrator] shall, subject to such directions as may be issued by the---_ .._---.-- _-_ _-_ ._ - _.- ----- • SeeChandigarh Administration Gaz, (EX-Ira) dated 6.12.1975 atpage 375 - 381
1. Substituted by Chandlgarh Admini stralion GlIZ. (EXira) doled 6-7-1977 at page 2'4 [215J Chandigarh Mi!k Colony Allotment of Sites Rules, 1975 221 I. The lessee shall pay premium at Rs. 32 per square yard per annum for the manure pit in addition to premium ofthe site. The lessor accepts and reserves into himsclfall mines, minerals, coals, gold- washing. earth oil s and quarries in or under the plot and full right and poweratall times to do all acts and things which may be necessary or expedient for the purpose of searching for, working, obtaining, re moving and enjoying the same without providing or leaving any vertical support for the surface of the plot or for any building for the time being standing thereon provided always that the Lessor shall make reasonable compensation to the Les see for all damage directly occasioned by the exercise of the rights hereby re served or any of them.
II. The Lessee for himself, heirs executors, and administrators and assigns cortvcnnrtts with the lessor in the manner following thnt is to say :
(I) The Lessee shall pay without demand and unto the Lessor the yearly rent hereby reserved along with premium for manure pit with in the time hereinbe fore appointed and in the manner laid down in the Chandigarh Milk Colony Allot ment ofSites on Lease Hold Basis Rules, 1975.
(2) The Lessee shall not deviate in any manner from the lay-out plan nor alter the size of'the plot whethe r by sub-division, amalgamation or otherwise.
(3) The Lessee shall, within a period ofone year from the date of issue of allotment letter erect upon the plot in accordance with the plans supplied by the Chief Administrator and complete in a substantial and worksman - like manner residence-cum-cattle shed buildings with the requisite and proper walls, sewers an drains and other conveniences in accordance with the sanctioned building plan and to the satisfaction of the '[Deputy Chief Administrator).
(4) (<I) The Lessee shall nut transfer or assign his rights in the site or the building except by way of mortgage to the bankas stated under rule 16 of the Chandigarh Mi lk Colony Allotment ofSites Rules, 1975 without the prior consent ofthe I [Deputy Chief Administratnr]. Such permission shall not be given until the Lessee ha paid full premium and rent due under the Lease for the site unless in the opinion of the I [Deputy Ch iefAdministrutorj exccpticnul circumstances exist for the grant of such permission and the proposed transferee undertakes to pay the balance of'the premium and the rent in respect of this lease;
Provided that in the event or the consent being given the Lessor shall be entitled 10claim and recover 50 per cent oftho unearned increase in the value i. e.
the difference between the premium pa id and the market value of the site at the time of transfer or assignment and the decision of the Lessor in respect of the market value shall, subject tothc Chandigarh Milk Colony Allotment ofSites Rules, 1975, be tinal and binding.
(b) Notwithstanding anything contained in sub-clause (a) above the Lessee may. witl, the previous consent in writing uf the '~Dcputy ChiefAdministrator] mortgage or charge the superstructure on the plot III favour of the Central Gov ernment, State Government, Chandigarh Administration, Life Insurance Corpora tion of Indio.or any Scheduled Rank for securing a Inan tn he advanced by them forcoustructing the building on till; plot: .
Provided that, in the event of the sole or fore closure of the mortgaged or charged property the Lessor shall be entitled to claim arid recover titty per cent of the unearned increase In the value ofthe plot as aforesaid and the amount of the Lessor's share of the said unearned increase shall be a first charge> having priority over the said mortgage or charge. The decision of the Lessor in respect of the market value of the said plot shall be final and binding on all parties concerned :
._..._.._._..--.._.._..__..._..--_._.---_.._-----..- .----._._--.-------- I. Substituted hy ChondigArh Atlministmtioo Gaz, (Extra) tinted 6-7-1977 nt p"e" 254 >- I