BALBIR KAUR Vs. UNION TERRITORY ADMINISTRATION

JUDGEMENT

(1.) THIS petition has been filed for quashing of the orders dated 28.12.1975 and 30.12.1975 and 28.6.1983 passed respectively by the Estate Officer, Chandigarh Administration, the Chief Administrator and the Chief Commissioner, Chandigarh.

(2.) THE facts necessary for deciding this petition are that SCO Nos. 101103, Sector 17-C, was purchased in the year 1967 by Shri Kehar Singh father of the petitioner in her name. On 3.8.1974, the Estate Officer issued notice to the petitioner under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as 'the Act of 1952') requiring the petitioner to show cause as to why the site allotted to her be not resumed on account of violation of the conditions of allotment and Rule 5 of the Punjab Capital (Development and Regulation) Building Rules, 1952 (hereinafter referred to as 'the Rules'). After granting one adjournment at the petitioner's request, the Estate Officer passed the order dated 28.12.1974 for resumption of the site on the ground specified in the notice dated 3.8.1974. The operative portion of the order passed by the Estate Officer reads as under :

(3.) NOT fully satisfied with the concession given by the appellate authority, the petitioner moved the Chief Commissioner, Union Territory, Chandigarh by filing revision petition which was dismissed on 28.6.1983. The petition filed for revision of the order dated 28.6.1983 was also dismissed by the Chief Commissioner on 19.10.1983.