RAJ KUMAR Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) PETITIONER has filed the present writ petition under Articles 226/227 of the Constitution of India challenging the order dated 11.8.2009 (Annexure P2) whereby the license in respect of tenement site No.437, Phase -I, Sector 26 -A, Chandigarh has been cancelled by respondent no.2 along with forfeiture of 10% of the total amount of the premium. Challenge has also been laid to order dated 7.9.2010 (Annexure P3) and order dated 16.11.2011 (Annexure P4) whereby appeal and revision petition, respectively, against the order of cancellation of license dated 11.8.2009 have been dismissed.

(2.) BRIEFLY stated, the facts of the case are that the petitioner was allotted a low cost tenement site No.437, Phase -I, Sector 26 -A, Chandigarh on lease hold and hirepurchase basis vide allotment letter dated 29.5.1976. As per the terms and conditions of the allotment letter, the petitioner was required to use the premises strictly for the purpose for which it was allotted i.e. for residential purpose and for no other purpose. However, when the allotted site was inspected, it was found that the said site was being used as a Kabari shop. Therefore, a show cause notice dated 17.10.1994 was issued to the petitioner for violation of clause 22 of allotment of Low Cost Tenements on Lease and Hire Purchase/Licensing of Tenements and Sites Service Basis in Chandigarh Scheme, 1979 (for short, "the Low Cost Tenements Scheme"). The petitioner was given opportunities of being heard and to remove the misuse existing at the site. He was given 39 opportunities of being heard and also to set right/remove the misuse at the site, but no one has appeared despite service of notices. On the basis of proceedings initiated and by virtue of show cause notice dated 17.10.1994 for violation of clause 22 of the Low Cost Tenements Scheme, the respondent no.2 passed order dated 11.8.2009 (Annexure P2) cancelling the license of transit site No.437, Phase -I, Sector 26 -A, Chandigarh along with forfeiture of 10% of the total amount of premium of the transit site.

(3.) AGGRIEVED against the order of cancellation of license dated 11.8.2009 (Annexure P2), petitioner filed an appeal, as provided under Rule 22 of the Chandigarh Lease Hold of Sites and Building Rules, 1975 read with Section 28(1) of the Low Cost Tenements Scheme. The said appeal was dismissed vide order dated 7.9.2010 (Annexure P3), as the petitioner had not removed the misuse despite ample opportunities. Against the order dated 7.9.2010 (Annexure P3), passed in appeal, the petitioner filed revision petition. However, the said revision petition was also dismissed vide order dated 16.11.2011 (Annexure P4), being not maintainable, as the order passed by the Chief Administrator is final.