BIMAL SHARMA Vs. U T CHANDIGARH AND ORS

JUDGEMENT

(1.) Challenge in the present petition is to the orders of resumption of commercial site No. 791 in Motor Market and Commercial Complex, Manimajra, Chandigarh dated 15.5.2008, passed by the Secretary, Municipal Corporation, Chandigarh exercising the powers of Estate Officer, U.T. Chandigarh (Annexure P-13) and affirmed by the Chief Administrator, U.T., Chandigarh (Annexure P-15) on 25.11.2008 and by the Adviser to the Administrator, U.T. Chandigarh (Annexure P-20) on 10.8.2011.

(2.) Petitioner was the successful bidder of the aforesaid plot in an auction conducted on 7.1.1990. Petitioner was issued letter of allotment on 20.4.1990. As per the letter of allotment, the petitioner was to complete the building according to the sanctioned plan which shall be according to Control Sheets prepared by the Chief Architect and Secretary within one year from the date of allotment, failing which, the plot shall be liable to be resumed.

(3.) The petitioner did not submit any building plans for construction of the building nor took any other step for use of the commercial site allotted to him for almost 17 years. It was on 16.11.2007 (Annexure P-4), petitioner sent a communication, to know the amount of extension fee for construction so that booth can be constructed. It was on 7.5.2008 (Annexure P-12), the petitioner was issued a show cause notice for resumption of plot on account of failure of the petitioner to raise construction. Consequently, after giving opportunity of hearing, order of resumption was passed by the authorities exercising the powers of Estate Officer on 15.05.2008.