GURCHARAN SINGH Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) This order shall dispose of aforementioned three writ petitions i.e. CWP Nos.9029 of 2009; 9030 of 2009 & 12184 of 2009, wherein the questions of law and facts are identical.

(2.) The petitioners in all three writ petitions are either the purchasers or the original allottees of Shop-cum-Flats (SCFs) situated at Motor Market, Manimajra, Chandigarh. However, it is asserted by the petitioner in CWP No.12184 of 2009 that the site allotted to the petitioner is a commercial site and not a Shop-cum-Flat (SCF).

(3.) The petitioners have sought quashing of the notices served upon them under Section 8A of the Capital of Punjab (Development & Regulation) Act, 1952 (for short 'the Act') alleging misuse of the premises owned by the petitioners. It is alleged in the notices that the sites have been allotted to the petitioner for use as Shop-cum-Flats (SCFs), whereas the petitioners have started running the first and second floor of such building for guest houses/lodges, which is not permissible. It is the stand of the administration that until and unless the petitioners seek firstly conversion of the first and second floor portion for use as for the office purposes and secondly to seek permission to use the office portion for commercial purpose i.e. for tourist lodges and guest houses, the petitioners are violating the provisions of the Act and the building is liable to be resumed.