BAWA JATINDER SINGH Vs. CHANDIGARH ADMINISTRATION AND ORS.

JUDGEMENT

(1.) Challenge in the present writ petition is to the orders passed by the Authorities under the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'the Act') resuming residential site bearing House No.3322, Sector 21-D, Chandigarh and subsequently, declining the request of the petitioner for transfer of site in question in terms of Rule 11-D of the Chandigarh (Sales of Sites and Building) Rules, 1960 (for short 'the Rules').

(2.) The residential site in question allotted to one Smt. Indra Wati. She sold such site to one Jagdev Singh Dutta, who further sold the site to the mother of the petitioner namely Smt. Rajinder Kaur vide registered sale deed dated 31.08.1967. There was a suit filed by Jagdev Singh Dutta claiming title over the property, which was dismissed on 08.08.1984. The property was under tenancy and the tenant started running a guest house. Keeping in view the misuse of the residential site as guest house, the Estate Officer passed an order of resumption on 20.04.1976 (Annexure P-2). Appeal against the said order was dismissed and also the revision. The petitioner filed CWP No.3931 of 1978, which was also dismissed on 08.04.1980. At this stage, we may notice that the order dated 08.04.1980 passed by this Court is not available in the records of this Court nor a copy of the same has been produced by the petitioner or by the counsel for the Administration.

(3.) However, Mr. Kakkar stated that such writ petition was dismissed in the light of LPA No.101 of 1977 titled 'Brij Mohan Vs. Chief Administrator & others, 1980 AIR(P&H) 236' decided on 19.02.1980 (since reported as ). In the said letters patent appeal, the issue was, whether the tenant of a building is entitled to a notice before resumption of such building.