AJIT SANGHERA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Through the instant writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has challenged the order dated 6.1.2009 (Annexure P8) whereby lease of industrial site No.448-A, Industrial Area, Phase-II, Chandigarh has been cancelled on the ground of misuser. Further challenge has also been raised to order dated 30.3.2010 (Annexure P9) and order dated 22.10.2012 (Annexure P14), whereby appeal and revision petition respectively against the order of cancellation of lease have been dismissed.

(2.) Briefly stated, the facts of the case are that industrial site No.448-A, Industrial Area, Phase-II, Chandigarh was allotted to one Sh. Antar Singh. The said site was purchased by the petitioner and same was transferred in her name vide letter dated 15.1.2009 on the terms and conditions that the transferee shall abide by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 (for short, "the 1952 Act), as amended from time to time and the rules framed thereunder.

(3.) On account of misuser of the site i.e. the use of the premises for the trade other than manufacturing, a show cause notice dated 25.1.2006 (Annexure P2) for cancellation of lease was issued to the original allottee as well as the occupier through pasting at the site. The notice was brought to the knowledge of the occupier/ tenants and both the tenants promised to stop the misuse with an assurance to use the tenanted premises in accordance with the provisions of the 1952 Act, but the tenants failed to stop the misuse. The petitioner filed a Civil Suit for injunction against tenant M/s Kay Pee Industries, which was decreed vide judgment and decree dated 15.9.2010 (Annexure P5). Similarly, rent petitions were also filed by the petitioner against M/s Kay Pee Industries and M/s Surinder Mahajan, for their eviction and were decreed in favour of the petitioner vide judgments and decrees dated 1.6.2011 (Annexure P6) and 21.11.2011 (Annexure P7) respectively. However, the respondent-tenants preferred appeals against the aforesaid orders of eviction, which are pending before the Appellate Authority under the provisions of the East Punjab Urban Rent Restriction Act, 1949.