NARESH DEPARTMENTAL STORE Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) (i) Can an authority order the resumption of property for misuser without notice to the tenant, who is in occupation of the premises ? (ii) Should an order of resumption be sustained despite the fact that the alleged misuser does not subsist ? These are the two questions that arise for consideration in these two petitions. A few facts as relevant for the decision of this case may be briefly noticed.

(2.) THE property in dispute is Shop-cum-Office No. 1027, Section 22-B, Chandigarh. It was initially allotted by sale to Smt. Ram Piari. That was in or about the year 1970. Bishamber Dass, petitioner in C.W.P. No. 15796 of 1993 was tenant on a part of the ground floor. The other part had been let out to M/s Naresh Departmental Store, viz. the petitioner in C.W.P. No. 16235 of 1993. The Assistant Estate Officer alleged that Bishamber Dass was misusing the premises by running a restaurant therein. The site was meant for "general trade." Proceedings for resumption were initiated. On July 27, 1976 the Assistant Estate Officer passed an order under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952, for resumption of the site on account of the breach of the terms of conveyance. He also ordered forfeiture of 10 per cent of the price of the plot.

(3.) THE landlords had difficulty in getting the misuser by Bishamber Dass being stopped. Presumably, to gain time, they sought a review of the order. The Chief Commissioner vide order dated February 7, 1983 directed that the misuser be stopped within six months. The misuser, however, did not stop. On April 21, 1979 the Estate Officer issued a notice under Section 4 of the Public Premises (Eviction of Unathorised Occupants) Act, 1971 (hereinafter referred to as 'the 1971 Act'). An order of eviction was passed on December 6, 1988. It was upheld by the District Judge vide his order dated December 2, 1993.