B.N. KATARIA Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THE petitioner purchased an industrial plot in July, 1980. An industrial shed was constructed. The site was let out. The tenant raised some construction in violation of the building bye-laws. On February 16, 1994 the petitioner was given a notice to show cause as to why the site be not resumed. Vide order dated January 1, 1997, a copy of which has been placed on record as Annexure P-5, the Estate Officer ordered the resumption of the site. Aggrieved by the order, the petitioner filed an appeal which was dismissed vide order dated May 14, 1999. A revision petition was filed along with an application for condonation of delay. However, the revision petition was dismissed on the ground of limitation vide order dated December 2, 1999. Copies of the order passed by the appellate and the revisional authorities are at Annexures P-6 and P-9 respectively. The petitioner alleges that these orders are arbitrary and illegal. He prays that the orders at Annexures P-5, P-6 and P-9 be quashed.

(2.) A written statement has been filed on behalf of the respondents. Alongwith the written statement, a report of inspection has been produced as Annexure R-1. It is not disputed that most of the violations have been removed. The existing violations can be rectified.

(3.) MR . Jain, appearing for the petitioner contends that the impugned orders are wholly arbitrary and unfair. The petitioner had complained against the tenant and pointed out that he was not responsible for the violations. Despite that, the extreme penalty of resumption of site was imposed. The claim made on behalf of the petitioner has been controverted.