HARI KISHAN Vs. UNION TERRITORY

JUDGEMENT

(1.) THE petitioner is the owner of site for Shop- cum-Flat No. 30, Sector 19-C, Chandigarh. The site was resumed vide order dated July 23, 1997. A copy of this order is on record as Annexure P2. The petitioner filed an appeal which was dismissed by the Chief Administrator vide order dated October 13, 1998. A copy of this order is at Annexure P6. The petitioner filed a revision petition which has been dismissed vide order dated November 24, 1999 on the ground that "the violations, on the basis of which the site was resumed, continue to exist even now". A copy of this order is at Annexure P9. Hence this petition.

(2.) THE petitioner prays that the impugned orders viz. Annexures P2, P6 and P9 be quashed. Notice of motion was issued. A reply has been filed. It has been inter alia averred that the petitioner had violated Rule 5 of the Building Rules inasmuch as he had constructed a pucca slab on the Barsati floor on the portion which had to be compulsorily kept open to sky. It has been further pointed out that the petitioner has covered the open Courtyard with a RCC slab and there is unauthorised coverage over to rear Courtyard.

(3.) AFTER hearing counsel for the parties we find that the only subsisting violation can be regularised by the respondents under the Rules. The basic ground on account of which the order of resumption had been passed does not subsist. Still further, it was not such a gross and flagrant violation so as to call for the extreme penalty of resumption of the property.