BALBIR KAUR Vs. CHANDIGARH ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) The challenge in the present writ petition is to the communications dated 23.08.1994 and 19.01.1995 declining to transfer ownership of House No.2572, Sector 35-C, Chandigarh.

(2.) The residential plot No.2572, Sector 35-C, Chandigarh was allotted to Lieutenant Colonel Bikram Singh on 01.06.1967. The allottee was required to construct building on the said plot within three years. A deed of conveyance was executed in favour of Lieutenant Colonel Bikram Singh on 24.10.1970. The plot was sold to Sardara Singh, husband of the petitioner prior to the year 1982.

(3.) The Estate Officer exercising the powers conferred under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'the Act'), initiated proceedings for resumption of site. The Estate Officer passed an order resuming the site and forfeiting to Government a sum of Rs.1673.60 being 10% of the price of the plot. An appeal was preferred by Lieutenant Colonel Bikram Singh before the Chief Administrator, Chandigarh. The site was restored subject to the condition that transferee would complete the construction on the site and obtain occupation certificate by 30.09.1979. Aggrieved against such condition, Lieutenant Colonel Bikram Singh filed a revision petition before the Chief Commissioner, Union Territory, Chandigarh. The same was decided on 29.07.1982. The learned Chief Commissioner noticed that the site has been transferred to Sardara Singh after obtaining prior permission of the Estate Office during the pendency of the revision and that the Sardara Singh was allowed to continue with the revision on 29.04.1982. The learned Chief Commissioner noticed that it is admitted by the parties that Sardara Singh has completed construction of the ground floor and the plastering and flooring work is in progress. But the report of Sub Divisional Engineer (Building) is that the construction is not according to sanctioned plan. The learned Chief Commissioner also noticed the fact that the construction has been completed but if there is any violation, the Estate Officer would be at liberty to proceed against the transferee under the existing provisions of law but it will not be a ground to throw away the revision petition. The learned Chief Commissioner allowed the revision observing as under:-