JYOTSNA KOHLI Vs. UNION OF TERROTORY OF CHAMDIGARH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants father was allotted a plot measuring 763 sq. yards in Sector 7-C, Chandigarh by the Chandigarh Administration by means of an auction sale and a deed of conveyance was executed on 13.10.1970, Subsequently, the site was transferred in favour of the appellant. A showroom was constructed on the site and in the year 1974, the building was let out to Allahabad Bank. Though it is claimed that the Estate Officer, U.T., Chandigarh gave consent for such letting, no material has been placed before the Court in support of this version.

(3.) In view of the infringement of the conditions of sale read with the Rules, namely, Chandigarh (Sale of Sites and Buildings) Rules, 1960, the Estate Officer by an order dated 25.11.1980 resumed the site on the ground of misuser and also forfeited 10% of the cost of site. This was done after issuing show-cause notice and opportunity of hearing to the appellant, The power of resumption is conferred by Section 8-A of Capital of Punjab (Development and Regulation) Act, 1952.