LAWS(P&H)-2012-2-28

SHAM LAL SHARMA Vs. UNION OF INDIA

Decided On February 15, 2012
SHAM LAL SHARMA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 24.07.2003 (Annexure P-4) passed by the Estate Officer, U.T. Chandigarh; the order in appeal passed by the Chief Administrator on 02.04.2008 (Annexure P-6); order in revision passed by the Advisor to the Administrator on 15.10.2008 (Annexure P-7) and subsequent order passed by the Adviser to the Administrator on 04.09.2009 on the representation of the petitioner.

(2.) The petitioner is a tenant in the building erected on plot No. 31, New Timber Market, Sector 26, Chandigarh. The said plot was allotted to Baldev Raj vide letter of allotment dated 30.09.1991. The petitioner is running his transport business under the name and style of M/s Chamba Shimla Transport.

(3.) Before examining the ground of resumption in respect of the user of the premises, learned counsel for the respondents has raised an objection that in fact, the petitioner claims to be a Director of M/s Chamba Shimla Transport, which is a company incorporated, but such fact has not been disclosed in the writ petition. We do not find that such description in respect of the petitioner or of the tenant materially changes the nature of the controversy arising in the present case, which is in respect of user of the premises for the transport purposes.