SAT PAL BHATIA Vs. ESTATE OFFICER

JUDGEMENT

(1.) This is a petition for quashing the orders, Annexures P3, P13, P14 and P15 as well as the notice issued to the petitioner under Section 4(i) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the 'Act of 1971') and for issuance of a writ of mandamus to the respondents to regularise the construction made by the petitioner over the disputed site.

(2.) An Industrial Plot measuring 528.125 square yards was allotted to Messrs Singhson, Radio and Sound Engineers, Chandigarh on 4.2.1967 for a sum of Rs. 4,230/-. In accordance with the conditions of allotment incorporated in the letter of allotment issued on 4.2.1967 the allottee was required to deposit 25% of the price before possession of the site could be given to it by the Estate Officer. The balance price was payable in lumpsum within 30 days without interest or in three equated instalments, with interest @ 6% per annum. This first instalment was payable at the expiry of one year from 4.2.1967. The allottee was also required to construct the building in accordance with the conditions laid down in the Zoning Plan and Architectural Control Sheet. The construction was to be completed within a period of one year from the date of allotment. As the allottee did not construct the building within the time specified in the allotment letter, notice dated 23.9.1967 (Annexure P2) was issued by the Assistant Estate Officer calling upon it to take steps for completion of the factory building. This having not been complied with the Estate Officer directed the resumption of the site vide order dated 27.7.1968 (Annexure P3) issued by him in exercise of the powers under Section 9 of the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'Act of 1952'). The appeal filed by the petitioner Under Section 10 of the Act of 1952 was dismissed by the Chief Administrator Chandigarh on 19.9.1968 and the revision petition filed by him was rejected by the Chief Commissioner, Chandigarh on 29.11.1969. Thereafter the petitioner filed six review petitions, none of which was maintainable under the Act of 1952 or the rules framed thereunder. All the review petitions were rejected on the following dates :-

(3.) The main ground on which the petitioner has sought the relief is that the construction has already been made over the site in dispute in accordance with the building plan submitted to the Chandigarh Administration and there is no justification to now dispossess him on the basis of order Annexure P3.