Municipal Corporation Chandigarh v. Shantikunj Investment Pvt. Ltd ...

18. Section 7 provides for Levy of fee or tax for amenities which reads as under:7. Levy of fee or tax for amenities. - (1) For the purposes of providing maintaining orcontinuing any amenity at Chandigarh the [Central Government] may levy such fees ortaxes as it may consider necessary which shall be in addition to any fee or tax for the timebeing leviable under any other law in respect of any site or building on the transferee oroccupier thereof.19. Section 8 provides for imposition of penalty and mode of recovery of arrears. Section8-A provides for resumption and forfeiture for breach of conditions of transfer whichreads as under:8-A. Resumption and forfeiture for breach of conditions of transfer. (1) If anytransferee has failed to pay the consideration money or any installment thereof onaccount of the sale of any site or building or both, under Section 3 or has committed abreach of any other conditions of such sale, the Estate Officer may, by notice in writing,call upon the transferee to show cause why an order of resumption of the site or building,or both, as the case may be, and forfeiture of the whole or any part of the money, if any,paid in respect thereof which in no case shall exceed ten per cent of the total amount ofthe consideration money, interest and other dues payable in respect of the sale or the siteor building, or both should not be made.(2) After considering the cause, if any, shown by the transferee in pursuance of a noticeunder Sub-section (1) and any evidence he may produce in support of the same and aftergiving him a reasonable opportunity of being heard in the matter, the Estate Officer may,for reasons to be recorded in writing, make an order resuming the site or building or both,as the case may be, so sold and directing the forfeiture as provided in Sub-section (1), ofthe whole or any part of the money paid in respect of such sale.20. The relevant rules which have been framed in exercise of this Act under powerconferred by Sections 3 and 22 by the Act of 1952 are known as 'Chandigarh Lease-Holdof Sites and Buildings Rules, 1973' (hereinafter referred to as the 'Rules').21. Rule 3(2) defines 'premium' which reads as under:3(2). 'Premium' means the price paid or promised for the transfer of a right to enjoyimmovable property under these rules22. Some of the relevant Rules are quoted as under:4. The Chandigarh Administration may demise sites and buildings at Chandigarh on leasefor 99 years. Such leases may be given by allotment or by auction in accordance withthese rules.5. For the purpose of proper planning and development and for the implementation of anyscheme framed by the Chandigarh Administration, the Chief Administrator may reserve5