SMT. VINEY PURI Vs. CHANDIGARH ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) By way of this writ petition, petitioner prays for quashing of order dated 09.02.2005 (Annexure P-4) passed by respondent No.3, cancelling lease of Shop No.185, Sector 48-C, Chandigarh and ordering imposition of penalty of forfeiture of 10% of premium, ground rent and interest etc.; order dated 15.07.2009 (Annexure P-8) passed by respondent No.2, dismissing her appeal and order dated 03.09.2012, (conveyed to the petitioner vide endorsement dated 07.09.2012) (Annexure P-9) passed by the Advisor to the Administrator, Union Territory, Chandigarh dismissing revision petition of the petitioner.

(2.) Brief facts emerging from the petition are that Chandigarh Administration re-formulated a scheme called "The Allotment of Sites on Lease-Hold Basis to Auto Spare Parts Dealers and Auto Repair Mechanics in Chandigarh, Scheme 1999" (hereinafter referred to as 'the 1999 Scheme') as notified on 17.02.1999 for rehabilitation of auto spare part dealers and auto repair mechanics, who were carrying on their business of sale of auto spare parts and auto repair work in the premises/ sites/ streets not meant for such use, thereby causing unhealthy environment, traffic hazard and public nuisance in the city. Petitioner's husband, late Shri C.B.Puri, was running such a business under the name and style of 'M/s Puri Auto Seat Industries' in a rented premises, i.e., SCO No.126, Sector 28-D, Chandigarh. Posthumous petitioner's husband in 1991, his business and tenancy were succeeded to by the petitioner, being his widow, and her three minor sons. Petitioner continued the aforesaid business in the above stated rented premises and, vide letter of allotment dated 27.11.2001 (Annexure P-2), was allotted shop No.185, Sector 48-C, Chandigarh on lease hold basis under the 1999 Scheme. However, petitioner did not shift to the newly allotted premises in terms of Clause 17 of the letter of allotment after allotment of the new shop in her favour.

(3.) As such a notice dated 03.09.2002 was served upon the petitioner to show cause why lease of the allotted shop No.185, Sector 48-C, Chandigarh, be not cancelled on account of her failure to vacate the premises which was under her occupation before allotment of the new shop. Reply filed by the petitioner was found to be unsatisfactory. Vide order dated 09.02.2005 (Annexure P-4), respondent No.3 cancelled the lease of Shop No.185, Sector 48-C, Chandigarh, and also ordered forfeiture of 10% of the premium, ground rent and interest and other dues to be calculated as per Rule 20 the Chandigarh Lease-hold of Sites and Building Rules, 1973 (for short 'the 1973 Rules').