HINDU HIGH SCHOOL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner's school is being run by Hindu Educational Society, which is a registered society, has prayed for the issuance of a direction for quashing the show-cause notice dated 14-7-1988 issued by respondent No. 3 to respondent No. 4 with a copy of the petitioner under Section 17 (3) of the Haryana Urban Development Authority Act, 1977 allegedly on the ground of the same being illegal, unlawful, unconstitutional, unjust, unwarranted, void, mala-fide bad, arbitrary and inoperative. All the averments made by the petitioner had vehemently been denied by the respondents in their written statement.

(2.) WHILE dealing with similar circumstances, this Court in Civil Writ Petition No. 8389 of 1988, 'surat Singh v. State of Haryana and Ors. ,1, decided on 25. 1. 1990 had held that in view of the Full Bench judgement in this Court in Ram Puri v. Chief Commissioner, Chandigarh,2, (1982) 84 P. L. R. 388, the petitioner has no right to convert the residential building for commercial purposes. It was held that in the larger interest and the crying need of planned urban development in order to prevent the mushroom growth of slums or the haphazard accumulations the authorities were authorised to take action and prevent the mis-use of the property in violation of the terms of the agreement and the provisions of the law applicable in the case. For the reasons given in Surat Singh's case (Supra) we do not find any good ground to restrain the respondents from initiating action for eviction of the petitioner on the ground of commercial user of the property allotted to the landlord for residential purposes.

(3.) IT has further been found on facts that no notice was issued to the petitioner but only a copy of the notice, Annexure P-6, was sent to him, This Court has held in Surat Singh's case (Supra) that: