PUNJAB NATIONAL BANK Vs. STATE OF HARYANA

JUDGEMENT

(1.) PUNJAB National Bank (hereinafter referred to as the "petitioner-Bank") has filed the present petition under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing order dated July 6, 1999 passed by the Administrator, Haryana Urban Development Authority, Panchkula, exercising the power of Chief Administrator, directing the petitioner to pay a compensation of Rs. 25,000/- per month and the order dated April 12, 2002 passed by the Financial Commissioner & Secretary to Government of Haryana, Town & Country Planning Department, Chandigarh-respondent No. 2 whereby the order of respondent No. 3 has been modified and the petitioner-Bank has been directed to pay a sum of Rs. 5000/- to H.U.D.A. and the letter dated May 14, 2000 passed by the Estate OFficer, HUDA, Panchkula-respondent No. 4 raising a demand of Rs. 2,65,000/-.

(2.) THE petitioner-Bank had taken the premises in dispute from respondent No. 5-N.K. Sharma who was the landlord of the aforesaid house. A lease-deed was executed and was duly registered. Subsequently, the lease period was extended. A dispute arose between tenant/petitioner-Bank and landlord-respondent No. 5 with regard to the eviction and the matter was taken to the Civil COurt by the landlord-respondent No. 5.

(3.) THE petitioner-Bank filed an appeal before respondent No. 3 against the aforesaid resumption order. Subsequently another appeal was filed by N.K. Sharma-respondent No. 5 also, although after the expiry of limitation. Both the appeals were heard together by respondent No. 3. Vide order dated July 6, 1999, the appeal filed by the petitioner-Bank was dismissed whereas in the appeal filed by the landlord, it was directed that the petitioner-Bank shall vacate the possession and stop the misuse of the premises in dispute on or before November 30, 1999. Additionally the appellate authority directed that the petitioner-Bank would pay an amount of Rs. 25,000/- per month with effect from July 1, 1996 till November 30, 1999 and out of the aforesaid amount, half of the amount hall be credited to the account of HUDA being the paramount owner, and the remaining half shall be credited to the account of the allottee-N.K. Sharma. A copy of the order dated July 6, 1999 passed by the Administrator, HUDA, Panchkula, exercising the powers of appellate authority, has been appended as Annexure P/4 with the present petition.