Section 11D(1) in Chandigarh (Sale of Sites and Buildings) Rules, 1960
(1)Where a site has been resumed under section 8A of Act No. XXVII of 1952 for any reasons, the Estate Officer may on an application, retransfer the site to the outgoing transferee, on payment of an amount equal to 10 per cent of the premium originally payable for such property or one- third of the difference between the price originally paid and its value at the time when the application for transfer is made, whichever is more. [However in the case of a person who is serving or who has served in the Armed services of the Union, the amount payable by him or his legal heir for the retransfer of a site shall be 10% of the price originally payable for such site or 5% of the difference between the price originally payable and its value at the time when application for transfer is made, which ever is more.]:Provided that such transfer shall be permissible only if -(i)where the site has been resumed on ground of misuser, the misuser has stopped;(ii)where the site has been resumed for non-payment of price, all outstanding dues including forfeiture have been paid;(iii)where the site has been resumed for breach of any conditions of sale, the breach has been remedied and conditions fulfilled.Notwithstanding anything contained in the proviso above, when the site has been resumed on ground of misuser or non-completion of the building on it within the stipulated period, the Estate Officer may allow the retransfer on the applicant agreeing to vacate or have the misuser vacated or the building completed as the case may be within such reasonable period as the Estate Officer may stipulate.Explanation. - For the purposes of this rule, the expression 'site' does not include a vacant site. A vacant site is a site on which on the date of issue of notice of resumption under section 8-A of the Act, no superstructure had been raised and it includes a site on which foundations had been laid but no superstructure had been raised above that level.
