MOHINDERJIT SINGH CHEEMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through this writ petition filed in the year 2011, seeks a writ of mandamus to direct the State of Punjab in the Department of PWD (B & R) to hand over the vacant possession of residential house No.233, Sector 9, Chandigarh. A writ in the nature of certiorari for quashing the orders dated 12.01.2001 (P5), 01.05.2001 (P6) and 26.03.1990 (P4) whereby the subject property was resumed by the Chandigarh Administration, has also been sought.

(2.) The facts may be briefly noticed. The residential premises bearing H.No.233, Sector 9, Chandigarh measuring 2973.03 sq.yards, was allotted to late Jeewan Singh on 24.04.195 He died in the year 1965 and the premises was inherited by his two sons in equal shares, namely, Lt.Col.Jagjit Singh Cheema and Jaswant Singh. The writ petitioner is son of late Jaswant Singh whereas respondents No.4 to 9 are legal heirs of Lt.Col. Jagjit Singh Cheema.

(3.) In utter disregard to the provisions contained in the Capital of Punjab (Development and Regulation) Act, 1952 and the Rules framed thereunder, the above-stated residential premises was let out to Manav Mangal School for running its branch of Junior Model School. Since the allotted premises could not be used other than for residential purposes and it was rented out for running a school, it was a clear breach of the conditions of sale. The Estate Officer, UT Chandigarh therefore resumed the property vide order dated 212.1982 (P1) in purported exercise of his powers under Sec. 8A of the 1952 Act.