Chllndi gllrh (Sal~MSite:; ant! Buildings) Rule:;, ,19GO 109 (IItcrcst sha ll be chargeable from the transferee as perscribed in sub-rule (I ) ·,bove. .
. (4j The Ch ief Administrator may, on compassionate grounds, in case of extreme hardshi p, for reaso ns to be recorded in writing, red uce or waive off the amount of penalty in any CllSC of surrender.
, COMMENTARY SIlI" 'ender of plot - Penalty - Delayed demand notice - Demand for ellhanced amount raJ. S% instead of 2.5% raised after 2 years and 6 months of surrender o f sit e - i'5emand he ld to be arbitrary and illegal hence quashe - Daljtt Singh v. Unton Territory. Chundigarh, 2010(1 ) Haryana Law Reporter 513 S.C.
' (8. Conveyance deed for Slife by auction. - In cuso of sa le by auctio n after making payment of the sa le price spec ified in rule 6 and 10, the transferee shall execute the deed of conveyance in Form " B" or " C" , as the case may be•.in such manner us may be directed by the Estate Officer.
S-A. Con veyance D eedfor Safe by Atlotmeut, - In case of sale by allot ment a fter making payment ofthe sale price as specified in sub- rule (4) o f rule S, the tra nsferee shall execute the deed of conveyance in Form " D" or "E" as the case may be, it.. such manner :IS may be d irected by the Es tate Offlccr.]
'{B-ll. Conveyance Deed for sale by Hlre Purchase ..1srccmcIlL - In CilS0 of "ale by hire purchase agreement, a fter the instalments of rent together with interest due thereon has been fully paid under rule Il -A and amount payable unde r rule l l -C has also been paid ; the tra nsferee shall execute the deed of conveya nce in Form "0 " or "E" as the case may be, in s uch manner as may be dt.-~"te(J LJy Ihe E~late Offlcer.] - .
'[8-C . No twi ths tanding a nything contained in the letter ofallotmcn t/convey nnce deed im posing a ban on the transfer ofs itclhuHding asthe case may be, or any right, t itle or inte rest therein before the stipu lated pe riod. the Estate Officer may ~rant pe rmission to the transfer by way ofsale gin, mortgage or otherwise of the site. build ing o r any right, title o r iute rest thercin, after transferee lIDS paid fu II price o f the s lte/bu itd lug a ",.I if in the opinioll ofthe Estate Officer special c ircum stances exist forthe grant ofsuch permission, This will be app licable to all catego riesofsi rcs/build ings so ld by al lotment/hire purch ase. o r on concessional rates .
In the case o f transfer 4[by the original transferee (allottee») by way ofsa lei gifi/mortgage or otherwise o f tile site or any right, title or interes t therein, 113rd of the unearned increase in the value i.e. the.d ifference between the pri ce paid '[by the.original tran sferee] and the market value o f the site/building at the time of permission.of transfer sha ll bq paid tothe Government before registering such sale or transfer. T he market value of the property for this purpose shall be as ~('~scd by the e state Offlcer.or such other authority .as may be presc ribed by the Chie f Adm inist rator a nd the transferee shall be entitled to produce his evidence and of being heard : _ , .
Provided that Il3rd oftho unearned in~reasc in the value will not be cha rged if a mortgage or charge of a sitcibulldlng is created with the previous co nsent in writing ofthe Estate Officer, in favour ofthe Central Government, State Govern ment, Chandigarh Administration, Life Insurance Corporation of India or any-- - _-._ _-._..__.._----.~._._-_.---_ -..-- -- _ .-----_..__._- I. Subsr ltvtcd fo r !lu lu 8 vide Chd. Noli fication doled 1.1. 1969 2_Inserted "ide Chd. No tificatio n No. UT 492-F2-7212488 dated 11: 2. 1912 J . Inserled vide Chd . G",,~ (Extra) Not ification da ted 9.2_1919 page 79 .1. Inse rted vid e Chd. No tificntion No. 24/4/1 -UTFI(3)12002l IJ23 dated 14.2.2002 page 141 •••• - , Ch'lIIdlsarh (Sole gfSites and Buildings) Rules, 1960 113 Misuse of premises - Resumption - Petitioner built shop-cum-flat as nllotted s ite - f irst and second floor of SCI'" were rented to tenant with clear terms tlrat he wo uld not usc the building except for residential purpose -Tenant without any permission ofpetitioner started classes of'school/collcge in violation <>f'l"mls of agreement of tenancy - Misuse of premises was beyond control of pet:tiollcr - At present, there is no misuse ot'premiscs s- ln these circumstances, orJ'~r or resumption ofsite set aside - However, respondent is at liberty to recover misus:; ch arges from petitioner, if permitted by law - Paramjit Kalil' Kang v: The I/.d,'i$or / 0 tho AdminiSlrator, Union Territory; Chandlgarh. 2014(2) Haryana Law Reporter 294 D.B.
10. Instatments. - [Scotton J (2)]. - '[( I) Where the transferee in case of sale by a llotment '[ ], intends to pay the Sille price in instalments, the balnncc of sa le price together with interest thereon nt the t:l t P. of 10% (ten percent) per annum shall be payable in three equated annual instalments or in six half yearly instalments, at the option of the transferee. The first instalment shall be pOlyllble after the expiry ofone year from the due date cf'payment under rule ~ or within 30 days from the date of auction under rule 6, as the case may be.]
_ (2) Each instalment shall be rem itted to the Esta te Officer, ' [e ither in cash or bya demand 'draft] payable to lhe Estate Officer and 'drawn on any Scheduled DlI'1k situated -in Chandigarh or at any other place specified by tfieEstate office.r El'ery such remittance shall be accompanied by a letter showing full particulars of Ih" site or building to which the payment pertains or n statement glvingrefcrcnec to the number and date of the allotment letter issued under rule 5. In the absence of these particulars, the amount remitted shall be deemed to have been received and the remitter will be asked in writing to supply correctinformatlon within two months or the intimation having been sent to him and no action shall be taken , agains t such a rernitter under "[Sec tio n 8~A] of'the Act, if he sends correct infor- 'j mution w ithin a period of two monih s and can prove that he had sent his instalment in due time. , >[Provided that in cases ofsale.ofs ites by allotment, the · [Central Govern ment] may for reasons of growth and development of Chandigarh increase the number .oflnstaJllIent for the payment of balance ofsale price (otherthan 25 por cent received along with tho eppllcattou for ullotrncnt) from three to five and the period of the ir payment from three to five ycars.] _ 7(Explanation. - For the purpose of these rules, the prescribed rate of inter est in al! cases shall be compounded annually.]
°[(3) In case any equated instalment under sub-rule (1) or balance 75% amount of the premium payable under rule 6 or part thereof, is not paid by tho transferee by the date on which it became pnyable heshall he liable to pay in respect of that instalment or balance amount of premium or part thereof, as the case may be, interest calculated at the rate of twenty percent per annum from the ' ~-_....__._.._--_.._ - -- ---_._-------_.._-'---- I. t .<i'::.:J vide Chd. Noti ficatioa No. SO/lO/63-UTI'I (5)-2002lS232."'datcd 5.6.2002 at page U!JI
2. Th e word "or auct ion" om iu ed by-Chd. No tHicatian No. 50/tOl6J .UTFI(S)-2004f8370 dated
9.12.20Q-l at page 1332 ' . '
3. Stol>stilulcJ vide Cbd, Notification No.•H83 ·1'2·70f3827A dated 12.3.1970
4. S..b,t;lulcu Cor"Scction 9" vide Cbd. 0",,_ (I3xlm) NOlilionlion dated 14.6.1976 pase 167 S. Added-"ide Chd. Gaz, (Bxtra) Not lflcatlen dated 2.3.1968 . , 6, Sec I'b. Rc-organl sarlon Chd. Adaptntion ofLaws Order, 1968 -.
7, AddeJ " ide Chd. Notlflcerlou Nc.>. 50f lOf63· UT F I (5).200215232 doled 5.6 .2002 ')t p'ge 1591 X. Inserted by ChdNotlflcatlc n No. SOflO:G3-tJrI'I(S)-2004f8J70 dated 9.12.2004 at page 1332 C!mnd jgsrh (S~I~ of S ite s a nd Build ings) Rules, 1960 115 '{U-D. [.... UU] COMMENTARY Allotment - Premises were a llo tted tor semi- industrial purpose i.e . for runnin g a n Alta Chakki - Allottees, petit ioners started selling Karyana goods in th e prem ises - Other a llot tees of the Iocalitay were a lso us ing the premises for gen eral trade against wh o m no action was taken by the Administration - Order of forfeitu re a nd resum ption ofsite for change of user, suffers fro m illegality and is violal ive ofArt, 14 ofth e Cons titution - Order ofresumption set aside - A .•hawrmi Kumar v. Chandigarh Administration, 1994 H.R.R. 157. .
Fo r-Iet tu r-e - Penalt ies - One" the ordc..o f resumption of sire is set as ide by the Ad min istra tion Authorities. the orderoffnrfeitnre nr 10% o f the premium also lY.'.:,,:ne in-o pe rat ive - Pctitjoncr co uld 1I0t be asked to pay th is amount - Once the lease is res to red , the order o f forfeiture could not stand - Amou nt o f Rs. 35,287/ p " ici hy Ih" pe lit ion e r ordered to t ,~ re funded fo rthwith - AU".. Goy a l and Com PC/I/)' \( Union Territory. Chandlgarh. 1992 I-lRR 368 .
- Petitio ner failed to pay instalments of the leased plot in time - Order of forfeitu re of 10% price and cancctlatlon of lease was passed by the Esta te Of ficer - T he order was cha llenged before theChiefAdministrator who directed the restoration of the lease ofsite su bject to the payment o f lease amount within 30 days - Petit ioner failed to deposit tin. a mount as stipulated. She rather entered into an agreement Cor the sale of the plot - Entire exercise 011 the part of the petitioner is an a ttem pt to profiteer as there is great escalation in Ihe pri ces I ~c l i"rdcc l j ll cdto the peti tioner in the circumstances ofthe case - Sarla Sachdeva ' : Tl:e 'Estate Office,; U T. Chaudlgarh and others, 1991 HRR 79.
Misuse!' - Resumption - Provlsion ofS. 8-A lind Rule I I-D arc meant to ens ure that th" p ro pert y is used for tho purpose fo r whic h it ha s been givcu to the person - A reside ntia l propertyshould be used for the purpose o f'residcntial o nly and If.it is misused in any other.way there i ~ a viola tion of the condltlon of5,,10 Property can be lo st by way of resumption - The provisions arc not vlolativc of Articles 14, 19 & 2 J - D/: A.P. Sanwarla v. Union ofIndia, 1996 HRR 504 O.B.
R C.,udlptin" - Order o f resumption of the residentinl ho use owncd by the pet itioner was passed by the Es ta te Officer, Chandigarh 115 the house was being misused as a Comme rcia l G uest House- Appeal aga inst the impugned order was dismissed in 1979 nnd the order hnd become finn l - Req uest for re tra us fcr of the house in tho nn mo of the petitioner cannot be accepted a fte r n lapse of consider able. period of 13 years when such application sho uld be filed within 6 months lll\dc r Rule I1-D Sub rule (5) of the Rules, 1960 .- Major Babu Singh Bains v.
Union ofIn dia, 1994 HRR 155 D,S. Subsequently thisjudginent was upheld by Hon'bleSuprcmc Court - Sec 1996 H.R.R. 511 S.C. . .
.Rcsumprton of plot - T he petitioner had tallcd:to.pay the a mounts.due as per the terms of allotment - The Estate Officer validly passed the order.of re sumption of plot and forfeiture - It was merely as a measure of concession thnt the sa id order was set aside by the rcvis lon al a uthority SUbject. to the petitioner paying the outstanding due and an amount equa l to thc'forfeiture imposed by the Estate Officer ~ Order of forfeiture has c!,;a rly to be held valid a nd logol - Peti tioner whose penalty w as wa ived.carmol claim that order of forfei ture ulso should be set as ide > Re liefdeel ined - Ashok Kumar v. Union ofIndia, 1993 I-lRR 640.
-The build ing in dispure, had already been constructed when the o rder of resumption was passed by the authorities - Requiremcntoflaw stand fulfilled by !~:.a I~c:.t_,::?y':~~!~?.lle~.:_::!~cr:_!~_~o j ustificati~~!~o~~~~~~~_~~~ r:_~~mJ2..1!On of~~ot I. Deleted llyChd. Gaz, Notification No. 2616J23-trrf'/(3)-2001/SSJ da ted J 1.1.2001 at page 11 1. .
1[6 Chandigarh (Sale ofSites and Buildings) Rules, 1960 - Sl.bmitting ora revised plan is sufficient to meet the requirement of luw - Order ofrcsUlllption set aside - In other words, supposing a person had got sanctioned a plan for a double storey house but he completes only one storey and call get occupatio-, certificate just by submitting revised plan for the singlc storey; in that eventuality the site should not be resumed - Kehar Singh 1'. 11w ChtefCommis stoner; U. T. Chandigarh and others . 1994 HRR 84.
- Order ofrcsurnption of the residential house owned by the petitioner was passed by the Estate Officer, Chandignrh as the house was being misused as a Commercial Guest House - Appeal against the impugned order was dismissed in i 979 and the order had become final - Request for rctransfer ofthe house in the na.ne of the petitioner cannot be accepted after a lapse of considerable period of 13 years when such application should be filed within 6 months under Rule II-D ~ub rule (5) of the Rules, 1960 - Major Babu Singh Bains (Retd.) v. Union of :I:din 1994 HRR 155 D.S. . .
-Interest on sale price - The petitioner paid the amount ofinstalment within lhe r,~rioc.l allowed by the noti ce issued to the petitioner for depositing the amount - The bank draa sent by the petitioner was 110t cncnshcd by the Administration Pctitionc.. not liable to pay interest on the amount - He is liable to pay interest only for the pc~io.:J when the payment of iustahnent had become due on account of'Iate payme,\t cf instalment «Kulwant 1'01 v. Union ofIndia,' 1993 HRR 203 .
.Senpc - Relransfer of resumed site - The Estate Officer has diseretion~1)' power 10. rctransfor resumed site to the out going. transfer - But such discretion Call be exercised only when "demand of011I going transfer is genuine and bona fide - Estate Otlleer has to satisfy, Defore such rctransfer;lhe criterlalaid down under the Rules - Chandlgarh Administration v. Johnson Paints and Warnlsh Company. 1.996 unn 509 S.C. .
. ~*** .
'. 12. Timewithln which BlIiltllllC is to be erected. - [Section 22 (2) (c)). - In the case of sale of site, the transferee shall complete the building within five years frorn the date of issue of allotment .ordcr, in accordance with the ' rules regulating the erection of buildings, unless otherwise it is mutually agreed upon th~t tho 9.0nslructions shall be completed within any period less than five years.
This time limit may be extended by.the Estate Officer if he is satisfied that tho failure to complete the building within the said five years, or the period mutual Iy agreed upon, was dueto causes beyond the control ofthe transferee. I[The date ofcompletion ofbuilding shall be date as prescribed or such carl ier date as may be dctcrmineij by the ChiefAdministrator ill terms ofRule 18-A ofthc Punjab Capi tal (Devclopment and Regulation) Buildings Rules, 1952.]
2[Provided that no extension in time limit beyond 5 rears shall be granted by the estate Officer unless.the transferee pays the extension fcc as prescribed by . the Chandigarh Administration from time to tirne.]
'{the transferees, who could not complete tfle building with in the extended period cfthree years on the payment ofprescribed extension fcc may be given an opportunity to complete the building by the ~nd ofSeptember, 1995, on the extcntlon fcc cf Rs, 10 per sq. metre for residential, industrial and other category of sites ~nd .ltt Rs, 20 per square metre for commercial sites, by the Estate Officer, keep IIlg III view the merits ofthe case.} ' . .
--..- _--_..:.. - _..- _------- ,- - - _.---- .._.....------..- I. Insc,1Cl! vi:!" Cia!. NOlilicnliun No. 5011 0/6J-UTFI (5)·200215232 dated 5.6.2002 ot page 1591
2. :>Ub3tilulcd by Clld. Notilicnlion No. 5011 O/6J -UTF1(5) -2002l5232 dated 5.6.2002 ot page 1591 J. InscrlCthide Chd. Admn . Gaz, (Hxlrn) Notificution dated 13.6.19\15 page J5 Chandigarh (Sale ofSites and Buildings) Rules, 1960 117 f, I {The transferees, who could not complete the building within the extended period upto the 2nd ofSeptember, 1995 may be given another opportunity to com plete the building by the 2nd of September, 1997, on the payment of Rs . 20 per squal'e metre and Rs . 4 0 per square metre for the fifth and sixth years of exten ~ 10 , 1 respect ively for res idential and other categories of s ites a nd Rs . 40 per square . metre and ;ts. 80 per square metre for commercial 'a nd industrial sites by the E:; t;J tc Officer, keeping in vic", the merits of the caso.} I {Tho trcnsforces who cou!d not complete the building within the extended pcriud upto tho 2nd ofSeptember, 1997 may be given another opportuni ty to com I'loto the building by the 3 Ist of December, 1998, on tho payment of Rs . SO per square metre for residential, institutional and other categorics ofsites and @>, Rs .
100 per squar'" metre for commercial and industrial sites, by the Esta te Officer, Union Territory, Chandigarh keeping in view the merits of the casc.} I [The transfrces, who could not complete the bui ldi ng within the extended period up to 31st December, 199 8, may be given another opportunity to complete the building by the J 151 December, 1999, on the payment of Rs, 60 per Square metre for residential, instiuuionnl and other categories o f s ites nnd@) Rs. 120 pcr square metre for com merci a l and industrial sites, by the Estate Olfieer, Union Territory, Chand igarh, keeping in view the merits oftl~e <?ase.]. .
. '. '[Tho transfrees, who could not complete the buj ld ing within thc extended (Jc~i':id up :03 l st December, 1999, m:iybe given another opp.orlunity to complete rhc bui Iding 'by the 3 I st March, 20Q"!, on payment of extension fcc @ Rs. 70 pe r Square metre for residential, institutional and other categories ofsites and by the 31 :it December, 2000, on payment @ Rs. 140 persquare metre for commercial and lndusrrlal sites, by the Estate Officer, Union Territory, Chandigarh, keeping in view the merits of the case.] " , S[The transfrces, who could not complete the bui Iding within the extended period up to the 3 1st March, 2001, may be given another opportunity to complete the building by the 31 st March, 2002, on the payment of extansion fcc @ Rs, 80 per Sq uare metre for residential, institutional and other categories ofsites and by the 3 I st December, 200 I 011 payment @ Rs. 160 per square metre for cornrner cial and industrial sites, by the Estate Officer, Un ion Terr itory, Chandigarh, keep ing ill view the merits of the casc.]
S[Tlw transferees, not' completing the building within the extended period upto 3 Ist March , 2002, may be given another opportunity to complete the same by 3 ls t March, 2003, on pa yment of e xtcns lo u Icc @ Ks. 80 per square meter for residential, instituti on al and 01he. ca tegories ofsites and by 31 st December, 2002 on payment CIt' extension fcc @ Rs. 160 per square motcr for commercial and industrial sites, by the Estate Officer, Union Territory, Chandigarh, keeping in view the merits of the case, .
The extension fcc shall be charged on half yearly basis as per the rates prescribed as under :~ Category of Sites Period Fee Residential, 1-4-2002 to 30-9-2002 . Rs. 40 per sq. Metre Institufional & other 1-10-2002 (0 31-3-2003 . Rs. 40 per sq. Metre ___'::~~~.B~.!'J~ ~_!?!..~~!~_~__._. . .__..._. _ I. lnscrtcd ville Chd. Admn , Oaz. (Exira) Notlflcationdated 11.1.1996 , 2. tnscrtcd vide Chd, Adrnn, oaz. (Extra) Notification dated 1.9.1997 at page 'JoS:5 J . lnscrtcd vide Chd.Admn, Gaz, (EXlm~ Notlflcat lun dated 21.1.1999etpage 87
4. Inserted vide Chd. Admn, Gaz, (Ext", Notlflentlon dated 21.12.1999 :5. Insert ed vide CI:d . A<lIIlIl . Guz, (Extrn Norltlcutlon dnr.:d I:5.1.200 I .;. :. ,se: !cJ vide Cud. Admn, Onz. (Exl.,,) K"HitiCntiol1 dated oJ , 1,2002 hi pas" 25 0 Chandigarh (Sale 9fSites and Buildings) Rules, 1960 121 FORMA , [See Ru Ie 5 (I)] Applicatlen for the purchase of II Buildingsite IBuilding in Chandigarh.
To The Estate Officer, Capital Project, Chandigarh Sir,
1.. , , request that I/we may be sold the building.
We constituting a group site/siteslbuildinglbuildings as stated below in Chandigarh : - Sector Size of site in Marias or Kanals of No. of sitc - description of Building or building.
2. l/We am/are *displaced person/persons, and enclose here not ncccssary with affidavit to this effect duly attested by a Magistrate Oath Commissioner. rlWe do not OWIl house/houses in lndia. .
J. Enclosed herewith is the amount equivalent to 10 percent of the price of the (site/sites) derailed in para I above, as earnest money, in the form of Demand Draft I[( ,)J payable to the Estate Officer and drawn o,l : :.. Bank situated at .
4. My/Our profession/professions is/are .
. 5. *·IIW~ will pay the price in lump s uml in prescribed alternative not iustal ments ..
6. rlWc have read and understood the terms and conditions 011 which the s ite/s ites or building/buildings are to be sold and I1VVe agree to abide by all these conditions as well as the Rules made under the Capital of Punjab (Development and Regulation) Act, 1952.
7. I/We have/have not been allotted any site/building in Chandigarh so far.
Signature(s) **** Dated:
Name(s) IN BLOCK LEITER (Address) Sir.
I1We request that IIWe may be allotted on hire-purchase basis tho buildingsite/building as stated below in Chandigarh. .
The Estate Officer.
Chandigarh Adm inistrntion . .
Z[FORM "AA") .
(See Rule 6 C (1)1 Application for hiring of 11 building site/building in Chandigarh under hire purchase agreement 10 .... ... . . ...- .._---- - --.._------- - ----------_..._-------------_.._-_._---_....._-- - - _.:~-------- -------- l. The word "Cheque" omitted vide Chd. Gaz, (Extra) Notiflcatlon dated 14.6.1916 page 161
2. Inserted vide Chd. Notification No . ur 492 · £'2-12 ·2488 dated 17.2.1912 Chandigarh (Sale of Sites and Bu ilding s) Rules, J 960122 Sector Size of site in Marias or discreption ofbuilding Number of site or building Signature(s)
2. I/We em/arc the bona fide and enclose herewith affidavit 10 this effect duly attested by a Magistrate of Firs t Class. I/We do not own any commercial sire/building in Chandigarh in my/our own name or in the name ofany member of my / our family. .
3. Enclosed herewith is the amount of Rs as earnest money, in the form of Demand Draft payable to the Estate Officer and drawn cn _ Bank situated at.
4. My/Our profession (5) Is/are
5. (/Wo will pay the rent in prescribed instalments,
6. I/Wo have read lind understood the terms and conditions Oil which (he site(s) building(s) arc to be given on hire and l/We agree to abide by 1111 these conditions 'as well as the rules made under the Capital of Punjab (Development and Regulation) Act, 1952 (In Block Letters) '.)
, \.
' ~ D:Hl;'d :. ' " *** Nume(s) Address I[FORM: "AAA"J . (Sec Rule 6-0) . Hlrc-Purchnse Agr-cement forgiving a site/building ou Irlre, This agreement is made on day of.. between the Presiden t of India (hereinafter called the owner) of the one part and Shri .; son of , in the district of.. (hereinafter called the hirer) of the other part :
Whereas the site/build ing described in the Schedule.hereto annexed (here in alter called the said site/huilding) and intended to be hereby given on hire is owner in full proprietary rights': .
And whereas the owner has agreed to give the said site/building on hire:
And whereas the hirer has agreed to hire the said site/building;
.' Now, therefore, this deed witnesses as follows : - .
I. The owner hereby demises to the hirer the said site / building to be held the some by the hirer, subject to exceptions, reservation, conditions and convenants hereinafter contained in each of them. .
2. The hirer shall be governed by the provisions of.the Capital of Punjab (Devclopment and Regulations) Act, 1952, and the rules made thereunder from time to time:
3. The hirer has paid a sum of Rs as the first instalment of the hire for the month commencing on in advance on the date ofthis agreement (the receipt whereof the owner hereby acknowledges). (This hirer shall hereinafter pay a sum of per month continuously and punctually on or be- .. _ _ _ • .._ _ _ .. _ P ••• _ _ •• _ _ ..
l. Inserted vide Clld. NOli liclIlion No. LIT· 492-F2-72/2488 dated 17.2.1 972 , :', ".:;
(Deputy Commissioner-cum-Estate Officer) , .'
One of these witnesses must be a Magistrate (with his Court seal) if the deed is not executed (Signature) (Signature) at .
day of .
1111!:0 presence of: - WitnesseS : - Name Residence occupation before the Estate Officer Name Rcsidence Occupation Signed by, for and on beha;lfofthe Presidentof India and setting under his aUlh.lrlty Qt. .
!!le.......day of... 19..
til the flr~seaec of Wi',II:S50:; - 128 Chandignrh (Sale of Sites a nd Buildings) Rules, 1960 thereofand to repossess retain and enjoy the same as to his former estate and the transferee shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption.
(11) In the event ofany disputeor difference at any time arising between the \'cndor: and the transferee as to the true intent and meaning of these presents, and of each and every provision thereof, the properly and rights hereby reserved or any of them, or in any manner incidental or relating thereto, the said dispute or diflbrence shall be referred to the Chief Administrator, whose decision thereon shall be final and binding on the parties hereto, . .
If'and so long as the transferee shall fully perform a nd comply with and shall eonti:,:ue to so perform and comply with each and all the terms and conditions herein made and provided but not otherwise the vendor will secure the transferee ill full and peaceful enjoyment of the right and privileges herein and hereby con veyed and assured.
And 'it is hereby agreed and declared that unless n different meaning shall appear froIII the context -
(n) the expressions "ChiefAdministrator" and "Estate Officer" shall mean the officers so appointed by the Central Government, under the provisions ofthe Capital of Pun iab (Development and Regulation) Act, 19'52: ",
(h) the expression "Vendor" used in these presents shall include in addition to the President of India, the Central Government, and in relation to any [nutter; or anything contained in or arising out ofthese presents, every person duly authorised io actor to represent the Central Government in respect ofsuch matter or thing;
(c) the expression "transferee" used in these presents shall. include, ill addition to the said , his lawful heirs (permitted), successors, representatives, assignees, transferee, lessees, and any person or persons in occupation ofthe said site or building erected thereon with the permission of the Estate Officer.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the dates hereinafter in each case specified Signed by the sa id , .
on the (Transferee) .
19......
Chnndigarh (Sale ~f Sites and Buildings) Rules. (960 131 lf'and so long liS the transferee shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided, but not otherwise. the vendor will secure the trans ferce in full and peaceful enjoyment of the right and privileges herein and hereby conv.-:yed and assured.
And it is hereby agreed and declared thst unless a different meaning shall appear from the context - , (a) the expressions "ChiefAdministrator" and "Estate Officer" shall mean the officers so appointed by the Central Government, under the provisions ofthe Capital of Punjab (Developmentand Regulation)Act, 1952; .
'(b) the expression "Vendor" used in these presents shall include in addition to the President of India, the Central Government, and in relation to any matter, or anything contained in or arising out of these presents, every person duly authorised to act or to represent the Central Government in respect ofsuch matter or thing;
(e) the expression "transferee" used in these presents shall include, in addition to the said his lawful heirs (permitted), successors, representatives. assignees, transferee. lessees, and any person or persons in occupation ofthe said site or building erected thereon with the permission of the Estate Officer. ' . .
. Inwitness whereofthe parties hereto have hereunder respectivelysubscribed their names at 'the places and on the dates hereinafter in each case specified.
One of these witnesses must be a Magistrate (with his Court seal) jf tile deed is not executed before the Estate Officer Signed by the said 19 (Transferee)on the day of (Signature) at ......•...•..•.•.• ln the prcscnce of: Name Residence Oecup~t!on Name Residence (Signature) Occupation .
Signed by, for and on behalfofthe President of India and setting under his authority at Chandigarh, the day of... 19.. (Deputy Commissioner-cum-Estate Officer) III the presence of - Witnesses - Name Residence (Signature) Occupation Name Residence (Signature) Occupation I<**i<i<* Chandigarh (Sal~ of Sites and Build ings) Rules, 1960 133 vendor and "(8) a period of'C ) from the date ofcompletion ofthe construction on the said site, has expired (C).
(2) The Vendor reserves to himselfall mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expe dient for the purpose ofsearching for, working, obtaining, removing and enjoying the same at all such time lind in such manner as the Vendor shall think fit, with power to carry out any surface or any part underground workings, and 10 lei down the surface ofall or any part of the said site a nd 10 sink pits, erec t building, construct lines and generally appropriate and lise the surface of the said site for the purpose ofdoing all such things as may be convenient or necessary for the full enjoyment ofthe exception and reservation hereinafter contained:
Provided that the tran sferee sha ll be entitled to receive from the Vendor such payment for the occupation by him ofthe surface and tor the damage done to the surface or to the buildings 011 the said site by such works or workings or letting down as may be agreed upon between the Vendor and the trnnsfcrcc or fhilinl;; suc h agreement as shall be asce rtained by reference to arbitration.
(Jj The transferee shall pay all general and local taxes, rates or cesscs for the time being imposed or assessed on the said site by competent authority.
(4) The transferee shall within years from the date of auction namely......complete the construction of.. (State here House, Shop, Factory, Temple, Sarai, School, etc., as the case may be) on'the said site In accordance with the Punjab Capital (Development and Regulation) Buildings Rules, 1952 :
Provided that the time limit under this clause my be extended by the Estate Olficer, ifhe is satisfied that the failure to complete the building withiu the sa id lime was due to some causes beyond the control of the transferee.
(5) The jrnnsfercc may, .be fore the erection of the permanent building is commenced or completed, pitch a tent or erect temporary sheds of Kacha Build ing for the purpose oferecting a building on the sald site.
....(6) Except for the purpose of'constructing n building or laying II go-den in iccordance with the rules made under the Capital of Punjab (Development and lcgul:ltion) Act, 1952. the transfe rc . sha ll not dig or cause to be dug any pit IIpon he said s ite, till the full price has been paid.
(7) T he Vendor may by his officers and servants nt nil reasonable limes and II a reasonable manner after 24 hours notice in writing, enter in Md upon any part 'f the said s ite or building erec ted thereon for tile purposes of ascertaining that he transferee has duly performed and observed the convenants and conditions to lO performed .and observed by him under these presents.
(8) The vendor sha ll have lull right, power lind authority at all tlmes 10do, hrough officers or servants, ,III acts and things which may be necessary or expc licnt for the pu rpose ofcnforclng.compliance with all or any ofthe terms, condi ions, and reservations hen~il1 cOlllained and to recover from the transferee as a irst charge upon the said site the co st ofdoing all or any such acts and things and II costs incurred in connection therewith or in any way relating thereto.
. (9) The transferee shall accept and obey all the rules and orders made or ssued under the Capital of Punjab (Development and Regulation) Act, 1952 .
(9 -A) In consideration of tile VCI\dOr having -allotted tile said site to the 'ans ferce at a concesslonal price of rupees .,.... ..per squared yard the transferee ndcrtakcs to refrain. except with the previous permission in ~riting of the Estate -~----~ ~ " YYTYW " " " " " " " " " " " " " " " " " " ''' .' ••••• • • • • •• • • • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • .,•••••••~ )Ill;l [} to C ill case ofsales by allotment made upto the end ofyear 1969 'Omil irrun prlce (laid.
The wows "10 years" omitted vide Chd. Nctitlcmlon datcif 21.2.1972 136 Chaudigarh (Sale of Sit es an d Buildi ngs) Rul es . 1960 ynrds...... .............•..............and more particularly described in the plans filed in the offiee of the Estate Officer s igned by the Estate Officer aforesaid and dated the....day of... 19, (hereinafter called the said building for the aforesaid purpose.
To-have and to hold the same unto and to the use ofthe transferee subject to the exceptions, reservations, conditions and co nvenants hereinafter contained and each of them, that isto say ; • .
( i J (a) The transferee enjoy the right ofpossession and enjoyment so lone lIS he ~U\) continues paying his Instalments on the due dates or such extended time.
a~ the Gstote Offlccr may allow in writing and otherwise (8) abides by the terms nml conditions of'sale.
(b ) The vendor shall have" first and paramount charge uvcr the said site for the unpaid port ion ofthe purchase price, and save with the sanc tion oftile Estate Officer, the transferee shall have no right to transfer by way of sale, Sift, mort gage or otherwise the site or any right, title or interest therein (except by way of lease on a monthly basis) till (A) such time as the full purchase price is paid to the vendor and (13) a period of" [ ] from the date ofcompletion ofthe construction on the said site. has cxpi red (C).
(2) The Vendor reserves to himself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary ur expe dient for the purpose ofsearching for. working, obtaining, removing and enjoying the same at all such time and in such manner as the Vendor shall think fit, with power to carry out any surface or any part underground workings, and to let down tl',(; surface ofall or any part of tile said site ana to sinkpits, erectbuilding, con struct lines am! generuliy approprlate and use the surface of lhe said sit e for the purpose of doing nil such things as may be convenient or necessary for the full enjoyment of the exception and roservntiou'bereinafter contained :
Provided that the transferee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface nnd for tho damage done to the surface or to the buildings on the saidsite by such work" or workings or letting down llS may be agreed upon between the Vendor and the tran sferee Or failing such agreement as shall be ascertained by reference to arb itration .
(3) The tran sferee shall pay all general and local taxes, rates or cesses for the lime being imposed or ass essed on the sald site by competent authority.
(4) The transferee shall not re-crect, add or alter the said building except in acco rdance with the rules made or orders islsued under the Punjab Capital (D,, velopmcnt and Regulation) Buildings Rules, 1952.
(4-A) In consideration of'the Vendor having allotted the said building to the transferee at a conccssional price of rupees the transferee undertakes (exccpt with the 'previous penuission in writing the Estate Officer) to refrain from trnllsferring by way ofsale, ~in. mortgage or otherwise (except by way oflease on a monthly basis) the building or tile site or any right, ritle or interest therein for a period of I C l from rhe date of its allotment.
(5) The Vendor may by his officers and servants at all reasonable times and ina reasonable manner after 24 hours notice in writing, enter in and upon any part of'the said site or building erected thereon for thepurposes ofaseertainlng that the transferee has duly performed and observed the convenants and conditions to be performed and observed by him under these presents.
(6) The vendor shall have full right, power and authority at all times to do, tilro"gh officers or servants, all acts and things which may be necessary or cxpe-. ...- _ _ --._ _ - - -. _.- -_.- ~-- -_ - _..-_.-- ~ -- ---- 'Omll/\ [0 13 ir full price pa id I. 1'1,~ "."\~rJ :,; <O lU YCdI'S" omitted vid ... ChtJ . NotUlcatiol\ ..Jillcd 21.2.1972 " ~.'
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