Section 5 in Chandigarh (Sale of Sites and Buildings) Rules, 1960
5. Application for sale by Allotment.
- [Sections 3 and 22 (2)(d) and (c)] - (1) In case of sale by allotment the intending purchaser shall make an application to the Estate Officer in Form A.(2)No application under sub-rule (1) shall be valid unless it is accompanied by ten per cent of the sale price in the form of a demand draft [-] [Omitted vide Chandigarh Administration Notification No. U.T. 83-F2- 70/3827-A dated the 12th March, 1970.] payable to the Estate Officer and drawn on any Scheduled Bank situated in Chandigarh or at any other place specified by the Estate Officer, or is paid in cash in the Estate Office in the discretion of the Estate Officer.(3)When ten per cent of the price has been so tendered, the Estate Officer shall, subject to such directions as may be issued by the Chief Administrator in this behalf allot a site of the size applied for or a building of which particulars are given in the application and shall intimate by registered post the number, approximate area and sale price of the site or building allotted to the applicant.(4)The applicant shall, unless he refuses to accept the allotment within thirty days of the date of receipt of the allotment order, deposit within that period and in the manner mentioned in sub-rule (2), the requisite amount, so that the total amount including the amount paid under that sub-rule (2) equals at least twenty-five per cent of the sale price of the site, and in the case of buildings, in addition to the said twenty-five per cent in respect of the cost of plot on which the building is erected, pay the price of structure, as determined by the Chief Administrator in two instalments, that is twenty-five per cent at the time of sale and seventy-five per cent within thirty days of the date of sale. This period for payment of the price of structure may be extended by the Estate Officer upto six months from the date of the sale on sufficient cause being shown by him. In case of failure to deposit the said amount the allotment may be cancelled and the payment made under sub-rule (2) may be forfeited to Government by the Estate Officer in whole or in part and the applicant shall have no claim to any damage.[Provided that the Chief Administrator may, for reasons to be recorded in writing, in the interest of proper planning and development of Chandigarh, permit the payment of the balance of seventy-five per cent of sale price of the structure in three equated annual instalments in the manner prescribed in rule 10.] [Proviso added under sub-rule (4) of rule 5, - vide Chandigarh Administration Notification No. U.T. 4547-E2-69/11749, dated the 17th September, 1969.](5)If the applicant refuses to accept the allotment within the said period of thirty days, he will be entitled to the refund of the amount paid by him. The refusal shall be communicated to the Estate Officer by a registered letter (acknowledgement due). The refund shall be made by means of cheque payable at the State Bank of India at Chandigarh or at any other place specified by the Estate Officer and the applicant shall have no claim in respect of the collection charges for the cheque.(6)Where in exchange for a site previously allotted to an applicant, a new site of higher valuation is allotted to him at his request, the difference in price shall be payable by him in lump sum within thirty days of the date of receipt of the new allotment order.(7)In the case of allotment of new site as referred to in sub-clause (6), all conditions, including the time-limit for erection of building, relating to the previous allotment shall be applicable to the new allotment.
