KAMLESH GABA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Challenge in the present writ petition is to the orders dated 02.02.1985, 22.11.1994, 18.02.2009 and 26.05.2010, whereby booth allotted to the petitioner was cancelled for the reason that the same is being used for the sale of confectionery and stationery items and not for sale of pan and cigarette purpose, mentioned in the letter of allotment.

(2.) The issue of permissible use of the commercial sites, excluding individual sites in Chandigarh, came up before this Court for consideration in C.W.P. No. 16484 of 2009 titled as Shri Sham Lal Sharma v. Union of India and others, 2012 2 RCR(Civ) 4 (decided on 15.02.2012) wherein relying upon notification dated 25.06.2002, as amended on 31.03.2006, it has been held that the commercial sites can be used for any purpose mentioned in Schedule-I, except in respect of seven restricted trades mentioned in the said schedule. It was held to the following effect :-

(3.) For the reasons recorded in Sham Lal Sharma's case, the orders of resumption passed by the authorities are not sustainable. Consequently, the present writ petition is allowed. The orders of resumption are quashed.