LACHHMI DEVI Vs. UNION TERRITORY CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The petitioner has sought a writ of certiorari to quash a notice of resumption which also directs her to vacate a plot in Chandigarh passed by respondent No.3 - Estate Officer. The petitioner also seeks a writ of mandamus directing the respondents to issue a completion certificate/occupation certificate in respect of the building constructed by her on the plot.

(2.) The plot was allotted by the respondents to the petitioner on a lease-hold basis on the terms and conditions contained in an allotment letter dated 29.09.1988. The lease is governed by the provisions of the Capital of Punjab (Development and Regulation) Act, 1952, as amended, and the rules made thereunder including the Chandigarh Milk Colony Allotment of Sites Rules, 1975.

(3.) The petitioner had constructed a dwelling unit. On 07.12.1993, the respondents resumed the plot on the ground that the petitioner had completed construction and shifted into the dwelling unit. On 30.08.1994, the appellate authority inspected the site and, by an order of the same date, restored the same subject to the petitioner completing the construction within three months after getting the plan approved. Contending that the petitioner has complied with the order dated 30.08.1994, the Chief Administrator, U.T., Chandigarh, resumed the property and sought to initiate proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. On 10.10.1995, a show cause notice was issued. An appeal against this order was dismissed on 10.10.1996.